3-004500 - Non-Collusion Affidavit.pdf

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Attached to
Gabion Wall Repair
Solicitation number
Not on record
Issued by
Mercer County, Pennsylvania

About this file

This is a Non-Collusion Affidavit for the Hermitage Municipal Authority's Gabion Wall Repair project in Pennsylvania, administered under RETTEW Project No. 1010905199 and Contract 2025-03. The affidavit must be executed by the bidder member, officer, or employee responsible for final pricing decisions and submitted with the bid. Sealed bids are being accepted online through PennBID until 10:00 AM on January 27, 2026, with bids remaining open for 60 days from opening (or 120 days if delayed by governmental approval, bond sales, or grant awards). The successful bidder must substantially complete the project within 180 calendar days of receiving the Notice to Proceed and furnish performance and payment bonds equal to 100% of the contract price. A certified check or bid bond equivalent to 10% of the total bid is required at submission, with bonds issued by a surety licensed in Pennsylvania.

The Non-Collusion Affidavit requires bidders to certify that pricing was determined independently without consultation or agreement with other bidders, that bid amounts have not been disclosed to competitors, and that no attempts have been made to induce other firms to refrain from bidding or submit noncompetitive bids. Bidders must declare whether their firm or affiliates have been under investigation or convicted of collusion-related offenses in the past three years. According to the Pennsylvania Antibid-Rigging Act (73 P.S. § 1611 et seq.), failure to submit a compliant affidavit will result in bid disqualification. The contract is subject to Pennsylvania Prevailing Wage Act conditions, OSHA requirements, Pennsylvania Act 229 of 2002, the One Call Act, the Pennsylvania Human Relations Act, non-discrimination regulations, and the Pennsylvania Public Works Employment Verification Act.

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Text version

Hermitage Municipal Authority December 2025

Gabion Wall Repair

NON-COLLUSION AFFIDAVIT 004500-1

RETTEW Project No.: 1010905199 Contract 2025-03

NON-COLLUSION AFFIDAVIT

State of :

: SS

County of :

I state that I am of , and that I am authorized to make (Title) (Name of My Firm) 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 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, directors and employees are not (Name of My Firm) currently under investigation by any governmental agency and have not in the last 3 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 and acknowledges that the above representations (Name of My Firm) are material and important, and will be relied on by in awarding the (Name of Public Entity) contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement of this affidavit is and shall be treated as fraudulent concealment from of the true facts relating to submission of bids for this contract.

(Name of Public Entity)

(Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 .

Notary Public My Commission Expires: ________________________

* Involvement in this activity does not prohibit the from accepting this bid or awarding a contract; but this may be a ground for determining whether the should decide to award a contract based on a lack of responsibility.

Hermitage Municipal Authority December 2025

Gabion Wall Repair

NON-COLLUSION AFFIDAVIT 004500-2

RETTEW Project No.: 1010905199 Contract 2025-03

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. § 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 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 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 themselves 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 disqualification of the Bid.

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