§ 139-D — Statement of non-collusion in bids to the state

New York § 139-D

• Jurisdiction: New York
• Law STF: State Finance
• Art. 9: Contracts

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§ 139-d. Statement of non-collusion in bids to the state. 1. Every bid\nhereafter made to the state or any public department, agency or official\nthereof, where competitive bidding is required by statute, rule or\nregulation, for work or services performed or to be performed or goods\nsold or to be sold, shall contain the following statement subscribed by\nthe bidder and affirmed by such bidder as true under the penalties of\nperjury: 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 his 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 seven of section one hundred sixty-three of the state\nfinance law.\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 state, public department\nor agency to which the bid is made, or his designee, determines that\nsuch disclosure was not made for the purpose 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 the state or any public department,\nagency or official thereof by a corporate bidder for work or services\nperformed or to be performed or goods sold or to be sold, where\ncompetitive bidding is required by statute, rule or regulation, and\nwhere such bid contains the certification referred to in subdivision one\nof this section, shall be deemed to have been authorized by the board of\ndirectors of the bidder, and such authorization shall be deemed to\ninclude the signing and submission of the bid and the inclusion therein\nof the certificate as to non-collusion as the act and deed of the\ncorporation.\n