2006 New York Code - Statement Of Non-collusion In Bids And Proposals To Political Subdivision Of The State.

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