5-5410-011F Non-Collusive Bidding Certification 20210128.pdf
PDF 204 KB Posted
- Attached to
- LIBRARY SOFTWARE
- Solicitation number
- 27-0627E5-027
- Issued by
- Erie County, New York
About this file
This is a Non-Collusive Bidding Certification form issued by Buffalo Public Schools Procurement for state and local contract opportunities in New York. The certification is a required submission document that bidders must complete and sign as part of their proposal response. Respondents must certify under penalty of perjury that proposal prices were developed independently without collusion, consultation, communication, or agreement with other respondents or competitors to restrict competition. Additionally, bidders certify that quoted prices have not been disclosed to competitors prior to proposal opening and that no attempts have been made to induce other parties to submit or withhold proposals for the purpose of restricting competition.
The certification requires that all respondents attest to the fairness and legitimacy of their proposals, including confirmation that no Buffalo Board of Education officers or members have a direct interest in the supplies or services being procured. For corporate bidders, submission of the certification constitutes authorization by the Board of Directors. Proposals lacking the required non-collusive certification statements will not be considered for award. However, if a respondent cannot provide the standard certification, it may submit a detailed signed statement explaining the reasons for non-compliance, though the Buffalo Board of Education must determine that any such disclosure was not made to restrict competition. The form clarifies that publishing price lists, informing customers of pending price publications, or selling identical items to other customers at the same price does not constitute improper disclosure to competitors under the non-collusive certification requirements.
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Text version
BUFFALO PUBLIC SCHOOLS PROCUREMENT OFFERING
NON-COLLUSIVE BIDDING CERTIFICATION
DOC:5410-011F 1 of 2
REV: 01282021
By submission of this response, each Respondent and each person signing on behalf of any Respondent certifies1, under penalty of perjury, that to the best of his knowledge and belief:
1. The prices in this proposal 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 respondent or with any competitor;
and
2. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior to opening directly or indirectly, to any respondent or to any competitor; and
3. No attempt has been made or will be made by the respondent to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.
This proposal is made without any connection with any person making any proposal for the material herein listed and it is in all respects fair and without collusion or fraud, and also, that no Officer or Member of the Buffalo Board of Education, City of Buffalo, is directly interested therein, or in the supplies to which it relates, or any portion of the profits thereof.
If the Respondent is a corporation, the execution of the non-collusive certification on the form of proposal shall be deemed to have been authorized by the Board of Directors of the Respondent and such authorization shall be deemed to include the signing and submission of the proposal and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.
BUFFALO PUBLIC SCHOOLS PROCUREMENT OFFERING
NON-COLLUSIVE BIDDING CERTIFICATION
DOC:5410-011F 2 of 2
REV: 01282021
No proposal shall be considered for an award nor shall any award be made to a Respondent where the proposal does not include the statements as to non-collusion as set forth in the form of proposal herein;
provided however, that if in any case the Respondent cannot make the foregoing certification, the Respondent shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reason. No award shall be made unless the Buffalo Board of Education determines that such disclosure was not made for the purpose of restricting competition. It should be noted that the fact that a Respondent has published price lists, rates or tariffs covering items being procured or has informed prospective customers of the proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same price as being proposal, does not constitute, without more, a disclosure to any other Respondent or to any competitor within the meaning of the non-collusive certification included in the form of proposal.
Respectfully submitted, By ___________________________________________ (signature)
(print)
Title ___________________________________________
Firm Name________________________________________________________________________
Address _________________________________________________________________________
Date ______________________________
Phone _______________________________________________
1In the case of any joint proposal (which for these purposes shall include any proposal where the Bidder has consulted with a subcontractor in making the proposal), each party or subcontractor thereto shall sign this non-collusion certification as to its own organization or corporation.
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