2-BerwynPedImprv-NCA.pdf

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VILLAGE AT BERWYN PEDESTRIAN IMPROVEMENTS
Solicitation number
Not on record
Issued by
Chester County, Pennsylvania

About this file

This is a Non-Collusion Affidavit form for the Village at Berwyn Pedestrian Improvements project in Easttown Township, Chester County, Pennsylvania. The affidavit is a mandatory submission requirement for all bidders participating in the sealed bid process for sidewalk and curb replacement, roadway restoration, driveway adjustments, and associated work on Waterloo Avenue and First Avenue/Bridge Avenue. According to the instructions, sealed bids are due electronically via PennBid by 11:00 AM on July 23, 2026, with a mandatory pre-bid meeting scheduled for 10:00 AM on July 9, 2026, at the Easttown Township Building (566 Beaumont Road, Devon, PA). Bid results will be opened at 2:00 PM on the same day. Each bid must be accompanied by a bid bond equal to 10% of the total bid price. All bidders must be PennDOT pre-qualified contractors, and any listed subcontractors must also pre-qualify. The project includes two separate plan sets for different township locations and will include an alternate bid option for property adjustments due to construction impacts.

The affidavit requires the bidder's authorized representative responsible for pricing to certify under oath that bid prices were developed independently without consultation, communication, or agreement with competitors; that pricing has not been disclosed to other bidders; and that no attempts have been made to induce complementary or non-competitive bids. Bidders must also certify that their firm and its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation and have not been convicted or found liable in the past four years for acts involving conspiracy or collusion in public contract bidding. The form explicitly warns that misstatements constitute fraudulent concealment and that bid rigging and false sworn statements are unlawful and subject to criminal prosecution under the Pennsylvania Anti-Bid-Rigging Act. Failure to submit a properly executed Non-Collusion Affidavit will result in disqualification of the bid. For joint ventures, each party must submit a separate affidavit. All work is subject to the Pennsylvania Prevailing Wage Act requirements.

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(6/2026) 24-8136 (BerwynPedImprv-NCA.docx) NCA-1

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. According to the Pennsylvania Anti-Bid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with bids.

2. This Non-Collusion Affidavit must be executed by the bidder’s member, officer, or employee, who makes the final decision on prices and the amount quoted in the bid.

3. 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 examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party.

5. The term "complementary bid", as used in the Affidavit, has the meaning commonly associated with that term in the bidding process and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of the bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will disqualify the bid.

(6/2026) 24-8136 (BerwynPedImprv-NCA.docx) NCA-2

NON-COLLUSION AFFIDAVIT

VILLAGE AT BERWYN PEDESTRIAN IMPROVEMENTS

EASTTOWN TOWNSHIP, CHESTER COUNTY, PA

State of :

:s.s.

County of :

I state I am __________________ of ______________________________________, and I am authorized (Title) (Name of My Firm) to make this affidavit for my firm and its owners, directors, and officers. I am the person in my firm responsible for the price(s) and the amount of this bid.

I state:

1. The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other contractor, bidder, or potential bidder.

2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid has been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, to submit a bid higher than this bid, or to submit any intentionally high or non-competitive bid or another form of complementary bid.

4. The bid for my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or another non-competitive bid.

5. _____________________________, its affiliates, subsidiaries, officers, directors, and employees are (Name of My Firm) 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, except as follows:

I state ____________________________________________________ understands and acknowledges the (Name of My Firm) above representations are material and important and will be relied on by Easttown Township in awarding the contract(s) for which this bid is submitted. I understand, and my firm understands, that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Township of the true facts relating to the submission of bids for this contract.

(Name and Company Position)

Subscribed and sworn to me this ___ day of ____________, 20__.

Notary Public:

My Commission Expires:

VILLAGE AT BERWYN PEDESTRIAN IMPROVEMENTS
EASTTOWN TOWNSHIP, CHESTER COUNTY, PA

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