2023 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, 2028
* § 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, 2028