2023 New York Laws › STF - State Finance › Article 9 - Contracts › 139-D - Statement of Non-Collusion in Bids to the State.

§ 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."
(a-1)  Notwithstanding  the  foregoing, the statement of non-collusion
may be submitted electronically in accordance  with  the  provisions  of
subdivision  seven  of  section  one  hundred  sixty-three  of the state
finance 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 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.