(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.
Structure New York Laws
Article 9 - General Provisions
Title 4 - Contracts of Public Authorities
2875 - Ground for Cancellation of Contract by Public Authority.
2876 - Disqualification to Contract With Public Authority.
2877 - Removal of Disqualification of Public Contractors by Petition.
2877-A - The New York State Buy American Salt Act.
2603-A - Letting of Certain Contracts Involving Steel Products.
2878 - Statement of Non-Collusion in Bids or Proposals to Public Authority.
2878-A - Purchasing of Products.
2878-B - Source Separation of Wastes.
2878-C - Certain Contracts Involving Personal Protective Equipment and Medical Supplies.
2879-A - Comptroller Approval of Contracts.
2879-C - Iranian Energy Sector Divestment.
2880-A - Contracts for the Financing of Local Water Supply Systems.