N.Y. State Finance Law § 139-d: Statement of non-collusion in bids to the state

§ 139-d. Statement of non-collusion in bids to the state. 1. Every bid

hereafter made to the state or any public department, agency or official

thereof, where competitive bidding is required by statute, rule or

regulation, 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."

(a-1) Notwithstanding the foregoing, the statement of non-collusion

may be submitted electronically in accordance with the provisions of

subdivision seven of section one hundred sixty-three of the state

finance law.

(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 the state or any public department,

agency or official thereof 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 or regulation, 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.