KRS § 45.600 — KY Code / Title VI / Chapter 45 / Section 45.600
45.600 Reporting compliance or breach
Status: in_force

45.600 Reporting compliance or breach.

(1) Any party not otherwise exempted by KRS 45.590 and intending to submit a bid on

any contract covered by the provisions of KRS 45.560 to 45.640 shall within a time

frame set by the contracting agency in the bid documents submit to the contracting

agency upon being declared the successful bidder:

(a) A statement of intent to comply in full with all requirements of the Kentucky

Civil Rights Act, and to submit data required by KRS 45.560 to 45.640 upon

being designated the successful bidder.

(b) A breakdown of the bidding party's existing workforce, indicating the race,

ethnicity, gender, and equal employment opportunity job category of each

employee.

(c) A breakdown of subcontracts valued at five hundred thousand dollars

($500,000) or more, indicating specific items of work on the contract for

which the contractor has submitted or intends to submit a bid to the

Commonwealth of Kentucky.

The reports shall be submitted in a manner as shall be prescribed by the cabinet and

on forms devised by the cabinet and supplied by the contracting agency.

(2) Within ten (10) days after the receipt of the reports, the cabinet shall determine

whether the bidding party's workforce is reflective of the percentage of available

minorities and women in the area from which the bidding party's employees are

drawn. If a determination is made that the bidding party's workforce is reflective of

the percentage of available minorities and women in this drawn area, the bidding

party shall be "certified" and be thereby qualified to bid on any contract covered by

KRS 45.560 to 45.640 without filing additional data for a period of one (1) year.

(3) If it is determined by the cabinet that the bidding party's workforce reflects an

underutilization of minorities or women, the bidding party and contracting agency

shall be so notified, and no certification shall be issued. The bidding party shall then

have the option of filing with the contracting agency and the cabinet, an affirmative

action program, indicating goals and timetables for recruiting and hiring minorities

or women throughout the contractors' workforce. The cabinet shall be available,

upon the request of any contractor, to furnish technical assistance in fulfilling the

requirements of KRS 45.560 to 45.640.

(4) If the bidding party is subsequently awarded the contract being sought, failure to

comply with the goals and timetables set forth in the affirmative action plan shall be

an unlawful practice under KRS 45.560 to 45.640 and shall constitute a material

breach of the contract.

(5) If the cabinet determines that the submitted affirmative action program does not

fulfill the provisions of KRS 45.560 to 45.640, the bidding party and contracting

agency shall be so notified, and no certification shall be granted.

(6) If the bidding party's workforce is not reflective of the percentage of minorities or

women in the drawing area and the bidding party has complied with all other

affirmative action requirements in KRS 45.560 to 45.640, the bidding party may

certify by verified affidavit that the bidding party has made every reasonable effort

to comply with said percentage requirements, and the bidding party shall thereafter

be entitled to all the benefits of KRS 45.560 to 45.640.