200 KAR 5:076. Small and small minority

business set asides.

 

      RELATES TO: KRS 45A.675, 45A.680, 13

C.F.R. 121.201

      STATUTORY AUTHORITY: KRS 45A.665, 45A.670

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

45A.665(4) requires the Finance and Administration Cabinet to define

"small or small minority business". KRS 45A.670 authorizes the

Finance and Administration Cabinet to promulgate administrative regulations

defining standards regarding the classifications and definitions for small and

small minority business as they relate to KRS 45A.665 to 45A.685. This

administrative regulation establishes standards for small and small minority

business set asides in contracts issued by the Commonwealth of Kentucky.

 

      Section 1. Definitions. (1) "Small

business" means a business, including its affiliates, which:

      (a) Is independently owned and operated;

      (b) Is not dominant in the field of

operation in which it is bidding; and

      (c) Meets the size standards of 13 C.F.R.

121.201.

      (2) "Small minority business"

means a business, which, in addition to meeting the definition of a small

business under subsection (1) of this section, is owned and operated by

fifty-one (51) percent or more females or persons of African American,

Hispanic, Asian, Pacific Islander, American Indian, or Alaskan native heritage.

 

      Section 2. Capital Construction Projects.

Highly technical and single source projects shall be exempt from the small

business and small minority business set aside designation. Single or limited

trade projects estimated to cost $10,000 or less, and multitrade projects

estimated to cost $25,000 or less, may be designated as small business and

small minority business set asides.

 

      Section 3. Certification. A bidder

submitting a bid in response to a solicitation designated as a small business

or small minority business set aside shall certify as a part of the bid, that

the bidding firm is a small business or small minority business as defined in

Section 1 of this administrative regulation. The bidder shall supply any

information requested by the purchasing agency for the purpose of verifying the

bidder's eligibility for the set aside designation. (18 Ky.R. 1724; eff.

1-10-92; 30 Ky.R. 667; 1459; eff. 1-5-2004.)