Section 139-D. Statement of non-collusion in bids to the state

1.  Every
  bid hereafter made to the state or  any  public  department,  agency  or
  official thereof, where competitive bidding is required by statute, rule
  or  regulation,  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 his 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 state, public department
  or agency 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  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 or regulation, 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.