§ 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\npolitical subdivision of the state. 1. Every bid or proposal hereafter\nmade to a political subdivision of the state or any public department,\nagency or official thereof where competitive bidding is required by\nstatute, rule, regulation or local law, for work or services performed\nor to be performed or goods sold or to be sold, shall contain the\nfollowing statement subscribed by the bidder and affirmed by such bidder\nas true under the penalties of perjury: Non-collusive bidding\ncertification.\n "(a) By submission of this bid, each bidder and each person signing on\nbehalf of any bidder certifies, and in the case of a joint bid each\nparty thereto certifies as to its own organization, under penalty of\nperjury, that to the best of knowledge and belief:\n (1) The prices in this bid have been arrived at independently without\ncollusion, consultation, communication, or agreement, for the purpose of\nrestricting competition, as to any matter relating to such prices with\nany other bidder or with any competitor;\n (2) Unless otherwise required by law, the prices which have been\nquoted in this bid have not been knowingly disclosed by the bidder and\nwill not knowingly be disclosed by the bidder prior to opening, directly\nor indirectly, to any other bidder or to any competitor; and\n (3) No attempt has been made or will be made by the bidder to induce\nany other person, partnership or corporation to submit or not to submit\na bid for the purpose of restricting competition. "\n (a-1) Notwithstanding the foregoing, the statement of non-collusion\nmay be submitted electronically in accordance with the provisions of\nsubdivision one of section one hundred three of the general municipal\nlaw.\n (b) A bid shall not be considered for award nor shall any award be\nmade where (a) (1) (2) and (3) above have not been complied with;\nprovided however, that if in any case the bidder cannot make the\nforegoing certification, the bidder shall so state and shall furnish\nwith the bid a signed statement which sets forth in detail the reasons\ntherefor. Where (a) (1) (2) and (3) above have not been complied with,\nthe bid shall not be considered for award nor shall any award be made\nunless the head of the purchasing unit of the political subdivision,\npublic department, agency or official thereof to which the bid is made,\nor his designee, determines that such disclosure was not made for the\npurpose of restricting competition.\n The fact that a bidder (a) has published price lists, rates, or\ntariffs covering items being procured, (b) has informed prospective\ncustomers of proposed or pending publication of new or revised price\nlists for such items, or (c) has sold the same items to other customers\nat the same prices being bid, does not constitute, without more, a\ndisclosure within the meaning of subparagraph one (a).\n 2. Any bid hereafter made to any political subdivision of the state or\nany public department, agency or official thereof by a corporate bidder\nfor work or services performed or to be performed or goods sold or to be\nsold, where competitive bidding is required by statute, rule,\nregulation, or local law, and where such bid contains the certification\nreferred to in subdivision one of this section, shall be deemed to have\nbeen authorized by the board of directors of the bidder, and such\nauthorization shall be deemed to include the signing and submission of\nthe bid and the inclusion therein of the certificate as to non-collusion\nas the act and deed of the corporation.\n * NB Effective until June 1, 2028\n * § 103-d. Statement of non-collusion in bids and proposals to\npolitical subdivision of the state. Every bid or proposal hereafter made\nto a political subdivision of the state or any public department, agency\nor official thereof where competitive bidding is required by statute,\nrule, regulation or local law, for work or services performed or to be\nperformed or goods sold or to be sold, shall contain the following\nstatement subscribed by the bidder and affirmed by such bidder as true\nunder the penalties of perjury: Non-collusive bidding certification.\n "(a) By submission of this bid, each bidder and each person signing on\nbehalf of any bidder certifies, and in the case of a joint bid each\nparty thereto certifies as to its own organization, under penalty of\nperjury, that to the best of knowledge and belief:\n (1) The prices in this bid have been arrived at independently without\ncollusion, consultation, communication, or agreement, for the purpose of\nrestricting competition, as to any matter relating to such prices with\nany other bidder or with any competitor;\n (2) Unless otherwise required by law, the prices which have been\nquoted in this bid have not been knowingly disclosed by the bidder and\nwill not knowingly be disclosed by the bidder prior to opening, directly\nor indirectly, to any other bidder or to any competitor; and\n (3) No attempt has been made or will be made by the bidder to induce\nany other person, partnership or corporation to submit or not to submit\na bid for the purpose of restricting competition. "\n (b) A bid shall not be considered for award nor shall any award be\nmade where (a) (1) (2) and (3) above have not been complied with;\nprovided however, that if in any case the bidder cannot make the\nforegoing certification, the bidder shall so state and shall furnish\nwith the bid a signed statement which sets forth in detail the reasons\ntherefor. Where (a) (1) (2) and (3) above have not been complied with,\nthe bid shall not be considered for award nor shall any award be made\nunless the head of the purchasing unit of the political subdivision,\npublic department, agency or official thereof to which the bid is made,\nor his designee, determines that such disclosure was not made for the\npurpose of restricting competition.\n The fact that a bidder (a) has published price lists, rates, or\ntariffs covering items being procured, (b) has informed prospective\ncustomers of proposed or pending publication of new or revised price\nlists for such items, or (c) has sold the same items to other customers\nat the same prices being bid, does not constitute, without more, a\ndisclosure within the meaning of subparagraph one (a).\n 2. Any bid hereafter made to any political subdivision of the state or\nany public department, agency or official thereof by a corporate bidder\nfor work or services performed or to be performed or goods sold or to be\nsold, where competitive bidding is required by statute, rule,\nregulation, or local law, and where such bid contains the certification\nreferred to in subdivision one of this section, shall be deemed to have\nbeen authorized by the board of directors of the bidder, and such\nauthorization shall be deemed to include the signing and submission of\nthe bid and the inclusion therein of the certificate as to non-collusion\nas the act and deed of the corporation.\n * NB Effective June 1, 2028\n