Annual_Affidavit_Rev__August_2020.pdf

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Attached to
Erosion Control Products
Solicitation number
RFB 605 2100000736 1
Issued by
Kentucky

About this file

This is an Annual Affidavit form required by the Commonwealth of Kentucky for bidders, offerors, and contractors seeking state and local contracts. The affidavit serves as a mandatory compliance document with a maximum effective period of one year and must be executed by duly authorized representatives of bidding entities. All bidders and offerors must affirm under penalty of perjury compliance with Kentucky campaign finance laws (KRS 45A.110 and KRS 45A.115), disclosure requirements under KRS 45A.485, sales and use tax registration requirements under KRS Chapter 139, non-delinquency on state taxes and fees, abstention from boycotts of entities in open trade jurisdictions (KRS 45A.607), and adherence to conflict of interest prohibitions outlined in KRS 11A.236 during the preceding ten years. The affidavit must be notarized and includes provisions requiring bidders to notify the Finance and Administration Cabinet, Office of Procurement Services immediately if they become non-compliant during the affidavit effective period.

For non-bid contracts, including sole-source, not practically feasible to bid, or emergency contracts, contractors face additional restrictions under Kentucky law. Contractors and their immediate family members with 10 percent or greater business interest must comply with campaign contribution limits specified in KRS 121.150 to the elected gubernatorial slate. Officers, employees, and affiliated entities cannot knowingly contribute more than $5,000 in aggregate to candidates with jurisdiction over the contract award under KRS 121.330(1) and (2), and no entity or individual may directly solicit contributions exceeding $30,000 in aggregate for such candidates under KRS 121.330(3) and (4). The Commonwealth reserves the right to request updated affidavits and may terminate contracts, require repayment of funds, and pursue other remedies if affidavit statements prove inaccurate or non-compliant.

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ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

Affidavit Effective Date:

Affidavit Expiration Date:

Maximum Length One-Year

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 1 OF 2

FOR BIDS AND CONTRACTS IN GENERAL:

I. Each bidder or offeror swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 45A.110 and KRS 45A.115, neither the bidder or offeror as defined in KRS 45A.070(6), nor the entity which he/she represents, has knowingly violated any provisions of the campaign finance laws of the Commonwealth of Kentucky; and the award of a contract to the bidder or offeror or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth.

b. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and all subcontractors therein, are aware of the requirements and penalties outlined in KRS 45A.485; have properly disclosed all information required by this statute; and will continue to comply with such requirements for the duration of any contract awarded.

c. The bidder or offeror swears and affirms under penalty of perjury that, to the extent required by Kentucky law, the entity bidding, and its affiliates, are duly registered with the Kentucky Department of Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139, and will remain registered for the duration of any contract awarded.

d. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding is not delinquent on any state taxes or fees owed to the Commonwealth of Kentucky and will remain in good standing for the duration of any contract awarded.

e. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade, as defined in KRS 45A.607.

f. The bidder or offeror swears and affirms that the entity bidding, and all subcontractors therein, have not violated any of the prohibitions set forth in KRS 11A.236 during the previous ten (10) years, and further pledge to abide by the restrictions set forth in such statute for the duration of the contract awarded.

FOR “NON-BID” CONTRACTS (I.E. SOLE-SOURCE; NOT-PRACTICAL OR FEASIBLE TO BID; OR

EMERGENCY CONTRACTS, ETC):

II. Each contractor further swears and affirms under penalty of perjury, that to the best of their knowledge:

a. In accordance with KRS 121.056, and if this is a non-bid contract, neither the contractor, nor any member of his/her immediate family having an interest of 10% or more in any business entity involved in the performance of any contract awarded, have contributed more than the amount specified in KRS 121.150 to the campaign of the gubernatorial slate elected in the election last preceding the date of contract award.

http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.state.ky.us/KRS/045A00/070.PDF http://www.lrc.ky.gov/KRS/121-00/150.PDF

ANNUAL AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS PAGE 2 OF 2

b. In accordance with KRS 121.330(1) and (2), and if this is a non-bid contract, neither the contractor, nor officers or employees of the contractor or any entity affiliated with the contractor, nor the spouses of officers or employees of the contractor or any entity affiliated with the contractor, have knowingly contributed more than $5,000 in aggregate to the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract award.

c. In accordance with KRS 121.330(3) and (4), and if this is a non-bid contract, to the best of his/her knowledge, neither the contractor, nor any member of his/her immediate family, his/her employer, or his/her employees, or any entity affiliated with any of these entities or individuals, have directly solicited contributions in excess of $30,000 in the aggregate for the campaign of a candidate elected in the election last preceding the date of contract award that has jurisdiction over this contract.

As a duly authorized representative for the bidder, offeror, or contractor, I have fully informed myself regarding the accuracy of all statements made in this affidavit, and acknowledge that the Commonwealth is reasonably relying upon these statements, in making a decision for contract award and any failure to accurately disclose such information may result in contract termination, repayment of funds and other available remedies under law. If the bidder, offeror, or contractor becomes non-compliant with any statements during the affidavit effective period, I will notify the Finance and Administration Cabinet, Office of Procurement Services immediately. I understand that the Commonwealth retains the right to request an updated affidavit at any time.

Signature Printed Name

Title Date

Company Name

Address

Commonwealth of Kentucky Vendor Code (if known)

Subscribed and sworn to before me by

(Affiant) (Title) of this _____day of ____________,20___.

(Company Name)

Notary Public

[seal of notary] My commission expires:

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