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45A.185   Bid bonds. 
(1)  Bidder security shall be required for all competitive sealed bidding for construction 
contracts  when  the  price  is  estimated  by  the  Commonwealth  to  exceed  forty 
thousand dollars ($40,000). Bidder's security shall be a bond provided by a surety 
company  authorized  to  do  business  in  this  Commonwealth,  or  the  equivalent  in 
cash,  in  a  form  satisfactory  to  the  Commonwealth.    Nothing  herein  prevents  the 
requirement  of  such  bonds  on  construction  contracts  under  forty  thousand  dollars 
($40,000) when the circumstances warrant. 
(2)  Bidder's  security  shall  be  in  an  amount  equal  to  at  least  five  percent  (5%)  of  the 
amount of the bid. 
(3)  When  the  invitation  for  bids  requires  that  bidder  security  be  provided, 
noncompliance  requires  that  the  bid  be  rejected,  provided,  however,  that  the 
secretary  of  the  Finance  and  Administration  Cabinet  may  set  forth  by  regulation 
exceptions to this requirement in the event of substantial compliance. 
(4)  After the bids are opened, they shall be irrevocable for the period specified in the 
invitation for bids, provided that, if a bidder is permitted to withdraw his bid before 
award  because  of  a  mistake  in  the  bid  as  allowed  by  law  or regulation,  no action 
shall be had against the bidder or the bidder's security. 
Effective:  June 20, 2005 
History:  Amended  2005  Ky.  Acts  ch. 85,  sec. 70,  effective  June  20, 2005.  --  Created 
1978 Ky. Acts ch. 110, sec. 37, effective January 1, 1979.