§ 5-22-16-6 — Noncollusion affirmation

Indiana § 5-22-16-6

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 16: Qualifications and Duties of Offerors and Prospective

Text

(a) An offeror must file with the purchasing
agent an affirmation, made under the penalties for perjury, that states
in substance the following:
(1) The offeror has not entered into a combination or an
agreement:
(A) relative to the price to be offered by a person;
(B) to prevent a person from making an offer; or
(C) to induce a person to refrain from making an offer.
(2) The offeror's offer is made without reference to any other
offer.
(b) The purchasing agent may require the affirmation to be made in
the contract documents.
(c) The purchasing agent shall reject an offer that the purchasing
agent finds to be collusive.
(d) If after the purchasing agent has awarded the contract, the
purchasing agent discovers that the successful offeror's affirmation was
false, the purchasing agent shall declare the contract forfeited and
award a new contract.
(e) A person convicted of perjury for filing a false affirmation under
this section may not be a party to a contract under this article for three
(3) years following the date of conviction.

Legislative History

As added by P.L.49-1997, SEC.1.