Attachment B - Annual Affidavit and Other Affidavits - REVISED 01-17-2023.pdf

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Private Underground Utility Locating Service
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RFB 758 2600000107 2
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Kentucky

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This file contains required affidavits for bidders, offerors, and contractors seeking to contract with the Commonwealth of Kentucky, as mandated by Kentucky Revised Statutes (KRS) 45A.110 and 45A.115. The affidavits establish compliance requirements that must be met prior to contract award or renewal. The document includes three distinct affidavit forms: the Required Affidavit for Bidders, Offerors and Contractors (affirming no knowing violations of Kentucky campaign finance laws); the Required Affidavit for Bidders, Offerors and Contractors Claiming Resident Bidder Status (certifying authorization to transact business in Kentucky, filing of corporate income taxes, payments to the Kentucky unemployment insurance fund, and maintenance of a workers' compensation policy for one year prior to and through the date of advertisement); and the Required Affidavit for Bidders, Offerors and Contractors Claiming Qualified Bidder Status (confirming nonprofit status or qualified nonprofit agency status for individuals with severe disabilities). Each affidavit must be notarized and is effective for one year from the date of execution.

The Commonwealth of Kentucky reserves the right to request updated affidavits at any time and to demand supporting documentation for claims of resident bidder or qualified bidder status. Failure to provide requested documentation upon demand results in bidder disqualification or contract termination. For resident bidder status claims, entities must demonstrate they are authorized to transact business in Kentucky, have filed state corporate income taxes, have made payments to the Kentucky unemployment insurance fund, and have maintained active workers' compensation policies. Qualified bidder status applies to nonprofit corporations furthering the purposes of KRS Chapter 163 or organizations that employ individuals with severe disabilities for at least seventy-five percent of direct labor hours and are registered and in good standing with the Kentucky Secretary of State.

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Rev. 9-16-22 Required Affidavit for Bidders, Offerors and Contractors

(KRS 45A.110 & 45A.115)

Affidavit Effective for One (1) Year from Date of Execution

Instructions: Pursuant to KRS 45A.110 and 45A.115, a bidder, offeror, or contractor (“Contractor”) is required to submit a Required Affidavit for Bidders, Offerors, and Contractors to be awarded a contract, or for the renewal of a contract. An authorized representative of the contracting party must complete the attestation below, have the attestation notarized, and return the completed affidavit to the Commonwealth.

Attestation

As a duly authorized representative for the Contractor, I swear and affirm under penalty of perjury, that that the Contractor has not knowingly violated campaign finance laws of the Commonwealth of Kentucky and that the award of a contract will not violate any provision of the campaign finance laws of the Commonwealth. For purposes of this attestation, "Knowingly" means that the bidder or offeror is aware or should have been aware of the existence of a violation. The bidder or offer understands that the Commonwealth retains the right to request an updated affidavit at any time.

Signature Printed Name

Title Date

Bidder or Offeror Name: __________________________________________________________

Address: __________________________________________________________

Commonwealth of Kentucky Vendor Code (If known): _______________

Subscribed and sworn to before me this _____ day of _______________, ____________.

State of: ___________________ Notary: ___________________________________

County of: _________________ My Commission Expires: _____________________ https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22348 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22349

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT

BIDDER STATUS

FOR BIDS AND CONTRACTS IN GENERAL:

The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

1. Is authorized to transact business in the Commonwealth;

2. Has for one year prior to and through the date of advertisement

a. Filed Kentucky corporate income taxes;

b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.49;

and

c. Maintained a Kentucky workers’ compensation policy in effect.

The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

Company Name

Address

Subscribed and sworn to before me by (Affiant) (Title) of this _____day of ____________, 20___.

(Company Name)

Notary Public

[seal of notary] My commission expires:

REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING

QUALIFIED BIDDER STATUS

FOR BIDS AND CONTRACTS IN GENERAL:

I. The bidder or offeror swears and affirms under penalty of perjury that the entity bidding, and all subcontractors therein, meets the requirements to be considered a “qualified bidder” in accordance with 200 KAR 5:410(3); and will continue to comply with such requirements for the duration of any contract awarded. Please identify below the particular “qualified bidder” status claimed by the bidding entity.

________ A nonprofit corporation that furthers the purposes of KRS Chapter 163

________ Per KRS 45A.465(3), a "Qualified nonprofit agency for individuals with severe disabilities" means an organization that:

(a) Is organized and operated in the interest of individuals with severe disabilities; and

(b) Complies with any applicable occupational health and safety law of the United States and the Commonwealth; and

(c) In the manufacture or provision of products or services listed or purchased under KRS 45A.470, during the fiscal year employs individuals with severe disabilities for not less than seventy-five percent (75%) of the man hours of direct labor required for the manufacture or provision of the products or services; and

(d) Is registered and in good standing as a nonprofit organization with the Secretary of State.

The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of qualified bidder status. Failure to provide such documentation upon request may result in disqualification of the bidder or contract termination.

Company Name

Address

Subscribed and sworn to before me by

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

(Company Name)

Notary Public

[seal of notary] My commission expires:

http://www.lrc.state.ky.us/kar/200/005/410reg.htm

Annual Affidavit for Bidders Offerors and Contractors - 1-17-2023.pdf
Attachment B - Annual Affidavit and Other Affidavits.pdf
Resident Affidavit 2022.pdf
Qualified Bidder Affidavit 2022.pdf

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