(A) Prior to a city contract being awarded to the lowest responsible and responsive bidder, a resident bidder of the commonwealth shall be given a preference against a non-resident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non- resident bidder.
(B) A RESIDENT BIDDER 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; and
(2) Has for one year prior to and through the date of the advertisement, filed state corporate income taxes, made payments to the state’s unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers’ compensation policy in effect.
(C) A NON-RESIDENT BIDDER is an individual, partnership, association, corporation or other business entity that does not meet the requirements of division (B) above.
(D) If a procurement determination results in a tie between a resident bidder and a non-resident bidder, preference shall be given to the resident bidder.
(E) This section shall apply to all contracts funded or controlled in whole or in part by the city.
(F) The Finance and Administration Cabinet of the commonwealth shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by the city in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.
(G) The preference for resident bidders shall not be given if the preference conflicts with federal law.
(H) Any solicitation or advertisement for bids for contracts shall incorporate KRS 45A.490 to 45A.494 as part of the solicitation or advertisement for bids.
(1984 Code, § 35.75) (Ord. O-24-19, passed 7-23-2019)