200 KAR 5:076. Small and small minority
business set asides.
RELATES TO: KRS 45A.675, 45A.680, 13
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.
(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.)