Annual Required Affidavit for Bidders Offerors and Contractors - Rev July 2022.pdf
PDF 68 KB Posted
- Attached to
- Waste Oil Container D-4
- Solicitation number
- RFB 605 2300000362 1
- Issued by
- Kentucky
About this file
This is an Annual Required Affidavit for Bidders, Offerors and Contractors issued by the Commonwealth of Kentucky, effective for a maximum period of one year. The affidavit establishes mandatory compliance requirements for all entities seeking to bid on or be awarded contracts with the state. Bidders and offerors must affirm under penalty of perjury their compliance with Kentucky's campaign finance laws, their awareness of disclosure requirements under KRS 45A.485, and their current registration with the Kentucky Department of Revenue for sales and use tax collection. Additionally, bidders must certify they are not delinquent on state taxes or fees, are not engaged in boycotts of jurisdictions with which Kentucky maintains open trade relationships, have not violated prohibitions outlined in KRS 11A.236 within the previous ten years, and have not procured contracts while employing executive agency lobbyists convicted of contract-related crimes within five years of conviction.
For non-bid contracts—including sole-source, not-practical-to-bid, or emergency contracts—contractors must provide additional affidavits confirming compliance with campaign contribution limits. These restrictions include certifications that neither the contractor nor immediate family members with ten percent or greater business entity interests have contributed more than specified amounts to the gubernatorial slate's campaign preceding the contract award date, that officers, employees, and their spouses have not exceeded five-thousand-dollar aggregate contributions to elected candidates with jurisdiction over the contract, and that no party has directly solicited contributions exceeding thirty-thousand dollars in aggregate for such campaigns. The affidavit requires signature by a duly authorized representative before a notary public, and contractors must notify the Finance and Administration Cabinet, Office of Procurement Services immediately if they become non-compliant during the affidavit's effective period.
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Other files
| File | Type | Posted |
|---|---|---|
| Final_RFB_605_2300000362_1_SO_FORM.PDF | ||
| How to Respond to Online Bid through Kentucky Vendor Self....pdf |
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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
KRS45A.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.
g. The bidder or offeror swears and affirms that they have not procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, subsequent, or similar contract within five (5) years of the conviction of the lobbyist.
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.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22348 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22349 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22340 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22431 https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37663 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48539 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50541 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=27855 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46626
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
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:
Company Name
Address https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=27877 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=27877
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