Attachment C - Vendor Affidavits.pdf

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Attached to
Motor/Pump Repairs FFA
Solicitation number
RFB 785 2300000849 1
Issued by
Elliott County, Kentucky

About this file

This document is a set of Required Affidavits for Bidders, Offerors, and Contractors issued by the Commonwealth of Kentucky in compliance with Kentucky Revised Statutes (KRS) 45A.110, 45A.115, and related procurement regulations. The affidavits are mandatory for all entities seeking to be awarded contracts or contract renewals with the Commonwealth and must be notarized by an authorized representative. Each affidavit is effective for one year from the date of execution. The document contains multiple affidavit forms including a general campaign finance compliance affidavit, a resident bidder status affidavit for entities meeting Kentucky residency requirements, and a qualified bidder status affidavit for nonprofit organizations serving individuals with severe disabilities as defined under KRS Chapter 163 and 200 KAR 5:410.

The affidavits require bidders to attest under penalty of perjury to compliance with Kentucky campaign finance laws, workers' compensation insurance requirements, unemployment insurance contributions, sales and use tax registration, and conflict of interest provisions as outlined in KRS 121.056 and KRS 121.330. Resident bidder status requires the bidding entity to be authorized to transact business in Kentucky, have filed state income taxes for one year prior to bid advertisement, have made payments to the Kentucky unemployment insurance fund, and maintained an active workers' compensation policy. The Commonwealth reserves the right to request supporting documentation for claimed resident or qualified bidder status at any time, and failure to provide such documentation may result in bidder disqualification or contract termination. All contractors and subcontractors must maintain compliance with Kentucky workers' compensation and unemployment insurance requirements throughout contract performance.

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Text version

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 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 may result in disqualification of the bidder or contract termination.

Signature…………………………………………. Printed Name

Title…………………………………………………Date……………………………………..

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

1. 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 Unites 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.

Signature…………………………………………. Printed Name

Title…………………………………………………Date………………………………………..

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:

ANNUAL REQUIRED AFFIDAVIT FOR BIDDERS
Affidavit Effective Date:
Affidavit Expiration Date:
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...
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 d...
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 u...
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, ha...
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 contra...
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 wi...
III. That all contractors and subcontractors employed, or that will be employed, on activity covered by the contract shall be in compliance with Kentucky requirements for workers' compensation insurance according to KRS Chapter 342 and unemployment in...
Attachment C - Annual Affidavit and Other Affidavits
Attachment B - 2020 - Annual Required Affidavit for Bidders Offerors and Contractors.docx
ATTACHMENT C- Affidavit Claiming Resident Bidder
ATTACHMENT D - Affidavit Qualified Bidder

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