10-4. Supporting Documents 4 Non Collusion Affidavit Form.pdf
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- Delaware County, Pennsylvania
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This is a Non-Collusion Affidavit form (DCED-CDO-HR-015) required by the Commonwealth of Pennsylvania Department of Community & Economic Development for bid submissions on state and local contracts, specifically applicable to the City of Chester's Police Station renovation project and other municipal procurements. The affidavit mandates that bidders certify their pricing has been developed independently without consultation, communication, or agreement with competitors; that bid amounts have not been disclosed to other potential bidders; and that no attempts have been made to induce competitors to refrain from bidding or submit noncompetitive bids. The form requires execution by an authorized representative responsible for pricing decisions, with notarization required. For joint ventures, each party must submit a separate affidavit with individual identification in the bid proposal.
The affidavit serves as a material requirement for contract award and carries significant legal implications under Pennsylvania's Act 57 (62 Pa. C.S. § 4507). Signatories must affirm under penalty of perjury that the contractor, its affiliates, subsidiaries, officers, directors, and employees have not been convicted or found liable in the past four years for conspiracy or collusion in public contract bidding, nor are currently under investigation or suspension by any governmental entity. Failure to submit a compliant affidavit with the bid proposal results in automatic disqualification. The form explicitly warns that bid rigging and false sworn statements are unlawful and subject to criminal prosecution, emphasizing that signatories must make diligent inquiry of all associated persons regarding their involvement in bid preparation and submission.
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Text version
NON-COLLUSION AFFIDAVIT
DCED-CDO-HR-015 (03-17) COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
CENTER FOR COMMUNITY DEVELOPMENT OPERATIONS
This Non-Collusion Affidavit is material to any contract/purchase order awarded pursuant to this bid. According to Section 4507 of Act 57 of
May 15, 1998, 62 Pa. C.S,. ss 4507, governmental agencies may require Non-Collusion Affidavits to be submitted with any bids.
By submittal of a bid for the above referenced project and execution of this affidavit, the following statements are acknowledged:
• The price(s) and amount of bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, potential Contractor or bidder.
• Neither the price(s), amount of this bid nor the approximate price(s) or amount of bid, have been disclosed to any other company or person who may be a Contractor or potential Contractor, nor will they be disclosed prior to this bid opening.
• No attempt has been made, or will be made, to induce any company or person to refrain from bidding on this contract or submit a proposal higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.
• This bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from any company or person to submit a complementary or other noncompetitive bid.
• To my best knowledge, the Contractor, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract.
• The Contractor is not currently under suspension or review by the commonwealth, or any other Federal, State or Local Governmental entity. If certification cannot be made, a written explanation to support the inability of providing such shall be submitted with this bid.
LEGAL NAME OF CONTRACTOR OR CONSTRUCTION COMPANY (PLEASE PRINT):
AUTHORIZED REPRESENTATIVE (PLEASE PRINT): TITLE:
I state that I am authorized to make this affidavit on behalf of the above name Contractor or Construction Company and am the person responsible for submitting this bid and price(s) and amount included therein.
SIGNATURE (AUTHORIZED REPRESENTATIVE):
NOTARY PUBLIC:
PROJECT/PROPERTY LOCATION (STREET ADDRESS): CONTRACT/PROJECT NUMBER:
SWORN TO AND SUBSCRIBED
BEFORE ME THIS DAY
OF , 20
MY COMMISSION EXPIRES:
DCED-CDO-HR-015 (03-17)
NON-COLLUSION AFFIDAVIT PAGE 2
The following information is to provide (at minimum) an overall explanation of non-collusion and the role/responsibility of entities desiring to participate in the bidding process for pending projects as advertised.
• A Non-Collusion Affidavit must be executed by the person responsible (i.e; owner, employee, officer) for making decisions on price(s) and amount(s) quoted in the bid.
• Bid rigging and other efforts to restrain competition, and making false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the affidavit should be aware of all bidding requirements and protocol. By signing this document, she or he must be assured that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder as to their responsibilities for the preparation, approval and/or submission of the bid.
• In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid proposal, and an affidavit be submitted separately on behalf of each party.
• The term “complementary bid” as used in the affidavit, incorporates the meaning commonly associated with its’ use in the bidding process. This includes the knowing submission of bid amounts higher than the bid from another Contractor, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.
• Failure to submit an affidavit with the bid proposal in compliance with these instructions may result in disqualification of the bid.
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