NY Gen Mun L § 103-D (2021)
2021 New York Laws GMU - General Municipal Article 5-A - Public Contracts 103-D - 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. 1. 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. "  (a-1) Notwithstanding the foregoing, the  statement  of  non-collusion may  be  submitted  electronically  in accordance with the provisions of subdivision one of section one hundred three of  the  general  municipal law.  (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.   * NB Effective until June 1, 2023   * § 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.   * NB Effective June 1, 2023