Section 103-D. Statement of non-collusion in bids and proposals to political subdivision of the state  


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  • Every bid or proposal hereafter made to a  political subdivision of the state or any public department,  agency  or
      official thereof where competitive bidding is required by statute, rule,
      regulation  or  local  law,  for  work  or  services  performed or to be
      performed or goods sold or to  be  sold,  shall  contain  the  following
      statement  subscribed  by the bidder and affirmed by such bidder as true
      under the penalties of perjury: Non-collusive bidding certification.
        "(a) By submission of this bid, each bidder and each person signing on
      behalf of any bidder certifies, and in the case  of  a  joint  bid  each
      party  thereto  certifies  as  to its own organization, under penalty of
      perjury, that to the best of knowledge and belief:
        (1) The prices in this bid have been arrived at independently  without
      collusion, consultation, communication, or agreement, for the purpose of
      restricting  competition,  as to any matter relating to such prices with
      any other bidder or with any competitor;
        (2) Unless otherwise required by  law,  the  prices  which  have  been
      quoted  in  this bid have not been knowingly disclosed by the bidder and
      will not knowingly be disclosed by the bidder prior to opening, directly
      or indirectly, to any other bidder or to any competitor; and
        (3) No attempt has been made or will be made by the bidder  to  induce
      any  other person, partnership or corporation to submit or not to submit
      a bid for the purpose of restricting competition. "
        (b) A bid shall not be considered for award nor  shall  any  award  be
      made  where  (a)  (1)  (2)  and  (3)  above have not been complied with;
      provided however, that if  in  any  case  the  bidder  cannot  make  the
      foregoing  certification,  the  bidder  shall so state and shall furnish
      with the bid a signed statement which sets forth in detail  the  reasons
      therefor.  Where  (a) (1) (2) and (3) above have not been complied with,
      the bid shall not be considered for award nor shall any  award  be  made
      unless  the  head  of  the purchasing unit of the political subdivision,
      public department, agency or official thereof to which the bid is  made,
      or  his  designee,  determines that such disclosure was not made for the
      purpose of restricting competition.
        The fact that a bidder  (a)  has  published  price  lists,  rates,  or
      tariffs  covering  items  being  procured,  (b) has informed prospective
      customers of proposed or pending publication of  new  or  revised  price
      lists  for such items, or (c) has sold the same items to other customers
      at the same prices being bid,  does  not  constitute,  without  more,  a
      disclosure within the meaning of subparagraph one (a).
        2. Any bid hereafter made to any political subdivision of the state or
      any  public department, agency or official thereof by a corporate bidder
      for work or services performed or to be performed or goods sold or to be
      sold,  where  competitive  bidding  is  required   by   statute,   rule,
      regulation,  or local law, and where such bid contains the certification
      referred to in subdivision one of this section, shall be deemed to  have
      been  authorized  by  the  board  of  directors  of the bidder, and such
      authorization shall be deemed to include the signing and  submission  of
      the bid and the inclusion therein of the certificate as to non-collusion
      as the act and deed of the corporation.