<br><br> <br>Page 1 of 1 <br>45A.494 Reciprocal preference to be given by public agencies to resident bidders -- <br>List of states -- Administrative regulations. <br>(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on <br>a contract by a public agency, a resident bidder of the Commonwealth shall be given <br>a preference against a nonresident bidder registered in any state that gives or <br>requires a preference to bidders from that state. The preference shall be equal to the <br>preference given or required by the state of the nonresident bidder. <br>(2) A resident bidder is an individual, partnership, association, corporation, or other <br>business entity that, on the date the contract is first advertised or announced as <br>available for bidding: <br>(a) Is authorized to transact business in the Commonwealth; and <br>(b) Has for one (1) year prior to and through the date of the advertisement, filed <br>Kentucky corporate income taxes, made payments to the Kentucky <br>unemployment insurance fund established in KRS 341.490, and maintained a <br>Kentucky workers' compensation policy in effect. <br>(3) A nonresident bidder is an individual, partnership, association, corporation, or other <br>business entity that does not meet the requirements of subsection (2) of this section. <br>(4) If a procurement determination results in a tie between a resident bidder and a <br>nonresident bidder, preference shall be given to the resident bidder. <br>(5) This section shall apply to all contracts funded or controlled in whole or in part by a <br>public agency. <br>(6) The Finance and Administration Cabinet shall maintain a list of states that give to <br>or require a preference for their own resident bidders, including details of the <br>preference given to such bidders, to be used by public agencies in determining <br>resident bidder preferences. The cabinet shall also promulgate administrative <br>regulations in accordance with KRS Chapter 13A establishing the procedure by <br>which the preferences required by this section shall be given. <br>(7) The preference for resident bidders shall not be given if the preference conflicts <br>with federal law. <br>(8) Any public agency soliciting or advertising for bids for contracts shall make KRS <br>45A.490 to 45A.494 part of the solicitation or advertisement for bids. <br>Effective: July 15, 2010 <br>History: Created 2010 Ky. Acts ch. 162, sec. 3, effective July 15, 2010. <br><br>