2878 - Statement of non-collusion in bids or proposals to public authority.

§  2878.  Statement  of  non-collusion  in bids or proposals to public  authority. Every bid or proposal hereafter made to a public authority or  to any official of any public authority created  by  the  state  or  any  political subdivision, where competitive bidding is required by statute,  rule,  regulation  or local law, 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."    (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 any public authority or to  any  official  of   any  public  authority  created  by  the  state  or  any  political  subdivision, 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, regulation, or local law, 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.