2023 New York Laws › PBA - Public Authorities › Article 9 - General Provisions › Title 4 - Contracts of Public Authorities › 2878 - Statement of Non-Collusion in Bids or Proposals to Public Authority.

§  2878.  Statement  of  non-collusion  in bids or proposals to public
authority. Every bid or proposal hereafter made to a public authority or
to any official of any public authority created  by  the  state  or  any
political subdivision, 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 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 any public authority or to  any  official
of   any  public  authority  created  by  the  state  or  any  political
subdivision, 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.