2-Non-collusion.pdf

PDF 68 KB Posted

Attached to
Borough of Pottstown Wastewater and Water Plant Chemicals
Solicitation number
US.253654
Issued by
Montgomery County, Pennsylvania

About this file

This is a Non-Collusion Affidavit required by the Borough of Pottstown, Pennsylvania for bidding on Wastewater and Water Plant Chemicals. The affidavit must be executed by the member, officer, or employee of the bidder responsible for making final decisions on pricing and bid amounts. Bids are being received online through the Penn Bid Program with a submission deadline of Wednesday, October 28, 2026 at 10:00 AM. All solicitation documents are available at no cost on www.PennBid.bonfirehub.com.

The Non-Collusion Affidavit requires bidders to certify that bid prices were determined independently without consultation or communication with other contractors or potential bidders, that prices have not been disclosed to competitors, and that no attempts have been made to induce other firms to refrain from bidding or submit higher bids. Bidders must also represent that they and their affiliates, subsidiaries, officers, directors, and employees have not been convicted or found liable in the past four years for any acts involving conspiracy or collusion with respect to public contract bidding. Failure to submit a properly executed affidavit in compliance with these instructions will result in bid disqualification. For joint ventures, each party must submit a separate affidavit. Misstatements in the affidavit constitute fraudulent concealment and may be subject to criminal prosecution under Pennsylvania's Antibid-Rigging Act.

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Text version

NON-COLLUSION AFFIDAVIT

Contract/ Bid No. _____________________

State of ________________________

County of _______________________

I state that I am _____________________ of ______________________ (Title) (Name of my firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that:

(1) The price(s) and the 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, have 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 or to submit a bid higher than this bid or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of 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 other noncompetitive bid

(5) ____________________________, its affiliates, subsidiaries, officers, (Name of my firm) 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, except as follows:

I state that _____________________________ understands (Name of my firm) and acknowledges that the above representations are material and important and will be relied on by ____________________________ (Name of public entity) 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 _____________________________________ of the true facts relating (Name of public entity) to the submission of bids for this contract.

(Name and Company position)

Sworn to and subscribed Before me this ____day Of _________. 20_____

Notary Public

My Commission Expires: ______________________________

INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT

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

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

(3) Bid rigging and other efforts to restrain competition, and the making of 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 bid submitted for the purpose of giving a false appearance of competition.

(6) Failure to file an Affidavit in compliance with these instructions will result in the disqualification of the bid.

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