{"data":{"id":"us-ky/krs-45.600","jurisdiction":"us-ky","citation":"KRS 45.600","heading":"Reporting compliance or breach.","body":"(1) Any party not otherwise exempted by KRS 45.590 and intending to submit a bid on\nany contract covered by the provisions of KRS 45.560 to 45.640 shall within a time\nframe set by the contracting agency in the bid documents submit to the contracting\nagency upon being declared the successful bidder:\n(a) A statement of intent to comply in full with all requirements of the Kentucky\nCivil Rights Act, and to submit data required by KRS 45.560 to 45.640 upon\nbeing designated the successful bidder.\n(b) A breakdown of the bidding party's existing workforce, indicating the race,\nethnicity, gender, and equal employment opportunity job category of each\nemployee.\n(c) A breakdown of subcontracts valued at five hundred thousand dollars\n($500,000) or more, indicating specific items of work on the contract for\nwhich the contractor has submitted or intends to submit a bid to the\nCommonwealth of Kentucky.\nThe reports shall be submitted in a manner as shall be prescribed by the cabinet and\non forms devised by the cabinet and supplied by the contracting agency.\n(2) Within ten (10) days after the receipt of the reports, the cabinet shall determine\nwhether the bidding party's workforce is reflective of the percentage of available\nminorities and women in the area from which the bidding  party's employees are\ndrawn. If a determination is made that the bidding party's workforce is reflective of\nthe percentage of available minorities and women in this drawn area, the bidding\nparty shall be \"certified\" and be thereby qualified to bid on any contract covered by\nKRS 45.560 to 45.640 without filing additional data for a period of one (1) year.\n(3) If it is determined by the cabinet that the bidding party's workforce reflects an\nunderutilization of minorities or women, the bidding party and contr acting agency\nshall be so notified, and no certification shall be issued. The bidding party shall then\nhave the option of filing with the contracting agency and the cabinet, an affirmative\naction program, indicating goals and timetables for recruiting and hiring minorities\nor women throughout the contractors' workforce. The cabinet shall be available,\nupon the request of any contractor, to furnish technical assistance in fulfilling the\nrequirements of KRS 45.560 to 45.640.\n(4) If the bidding party is subseq uently awarded the contract being sought, failure to\ncomply with the goals and timetables set forth in the affirmative action plan shall be\nan unlawful practice under KRS 45.560 to 45.640 and shall constitute a material\nbreach of the contract.\n(5) If the c abinet determines that the submitted affirmative action program does not\nfulfill the provisions of KRS 45.560 to 45.640, the bidding party and contracting\nagency shall be so notified, and no certification shall be granted.\n(6) If the bidding party's workfo rce is not reflective of the percentage of minorities or\nwomen in the drawing area and the bidding party has complied with all other\naffirmative action requirements in KRS 45.560 to 45.640, the bidding party may\ncertify by verified affidavit that the biddi ng party has made every reasonable effort\nto comply with said percentage requirements, and the bidding party shall thereafter\nbe entitled to all the benefits of KRS 45.560 to 45.640.","path":["KRS Chapter 45"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22287","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:05Z","sha256":"b34cbb2a968bea656053bf1ba3eb9f501051ed4722e67f3143f042a6db37cc01","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45.590","next":"us-ky/krs-45.610"},"notice":"GroundRules: Original legal text. Not legal advice."}