45A.607 Required contract provision restricting contractor from participating
340 words·~2 min read·
/ky/45a-607A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
in certain boycott actions -- Exceptions -- Administrative regulations.
(1)As used in this section:
(a)"Boycott" means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations with:
1. A jurisdiction with which Kentucky can enjoy open trade; or
2. A person or entity doing business with a jurisdiction with which
Kentucky can enjoy open trade; but
"boycott" does not mean an action taken for bona fide business or
economic reasons or that is specifically required by federal or state law;
and
(b)"Jurisdiction with which Kentucky can enjoy open trade" means:
1. Any World Trade Organization member; and
2. Any jurisdiction with which the United States has free trade or other
agreements aimed at ensuring open and nondiscriminatory trade
relations.
(2)A governmental body shall not enter into a contract under this chapter with a
contractor unless the contract includes a representation by the contractor that
the contractor 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. This
subsection shall not apply to a:
(a)Contract with a value of less than one hundred thousand dollars
($100,000); or
(b)Contractor who:
1. Is an individual; or
2. Employs five
(5)or fewer employees.
(3)A governmental body may terminate a contract with a contractor for:
(a)A false representation made under subsection
(2)of this section; or
(b)Engaging in a boycott at the time of entering into the contract or during
the duration of the contract.
(4)A request for proposal, invitation to bid, or other document issued by a
governmental body with the intent of soliciting responses for the potential
award of a contract shall include notice of the requirements under this section.
(5)The secretary shall promulgate administrative regulations under KRS Chapter
13A for the administration of this section.