§ 103-E — Conspiracies to prevent competitive bidding or competitive offering on public contracts

New York § 103-E

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5-A: Public Contracts

Text

§ 103-e. Conspiracies to prevent competitive bidding or competitive\noffering on public contracts. 1. A person or corporation who shall\nwilfully, knowingly and with intent to defraud, make or enter into, or\nattempt to make or enter into, with any other person or corporation, a\ncontract, agreement, arrangement or combination to submit a fraudulent\nor collusive bid or offer, or to refrain from submitting a bona fide\ncompetitive bid or competitive offer, to any board, officer, agency,\ndepartment, commission or other agency of the state or of a public\ncorporation on a contract for public work or purchase which has been\nadvertised for bidding or offering, shall be guilty of a misdemeanor,\nand on conviction thereof shall, if a natural person, be punished by a\nfine not exceeding five thousand dollars or by imprisonment for not\nlonger than one year, or by both such fine and imprisonment, and if a\ncorporation by a fine not exceeding twenty thousand dollars. An\nindictment or information based upon a violation of any provision of\nthis section must be found within three years after its commission.\n 2. For the purpose of this section a public corporation shall mean a\ncounty, city, town, village, school district, a territorial division of\nthe state established by law and possessing the power to contract\nindebtedness and levy taxes or benefit assessments upon real estate or\nto require the levy of such taxes or assessments, whether or not such\nterritorial division is expressly declared to be a body corporate and\npolitic by the statute creating or authorizing the creation of such\nterritorial division, and a corporation organized to construct or\noperate a public improvement wholly or partly within the state, the\nprofits from which inure to the benefit of this or other states or to\nthe people thereof.\n