Contracts Direct with Manufacturer: In the event a manufacturer bids direct and is awarded a contract, Kentucky State University shall request the contractor to furnish evidence of registration with the U.S. Internal Revenue Service. This registration shall be in accordance with the “Temporary Rules, 1958 Excise Tax Act”. After such registration, individual Excise Tax Exemption Certificates are not necessary on each individual order issued against the contract by Kentucky State University. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Contract With Other Than Manufacturer: If successful bidder is other than the manufacturer, Kentucky State University will furnish a Tax Exemption Certificate with each individual order issued against this contract. Therefore, quoted prices must be exclusive of Federal Excise Taxes.

Section 28

EEO Requirements

The Equal Employment Opportunity Act of 1978 applies to Kentucky State University projects with an estimated value exceeding $500,000. The contractor shall comply with all terms and conditions of the Act.

Section 29

Governing Law

This contract shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. Any action brought against Kentucky State University on the contract, including but not limited to actions either for breach of contract or for enforcement of the contract, shall be brought in Franklin Circuit Court, Franklin County, Kentucky in accordance with KRS 45A.245.

Section 30

Protest

The Vice President of Finance and Business Administration, or his designee, shall have authority to determine protests and other controversies of actual or prospective offerors in connection with the solicitations or selection for award of a contract.

Protest Procedure

Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract by Kentucky State University, may file Protest via Certified Mail with the Vice President for Finance & Business Administration within two calendar weeks after such aggrieved person knows or should have known the facts giving rise thereto. All protests must be in writing and must use the phrase "Bid Protest" in the letter. The Vice President shall review all facts presented and render a determination in writing promptly to the aggrieved person. The decision shall be the final action on behalf of the University.

Section 31

Access to Records

Kentucky State University certifies that it is in compliance with the provisions of KRS 45A.695, "Access to contractor's books, documents, papers, records, or other evidence directly pertinent to the contract."