5-5410-011F Non-Collusive Bidding Certification 20210128.pdf
PDF 204 KB Posted
- Attached to
- NON-INSTRUCTIONAL SOFTWARE
- Solicitation number
- 27-0627E4-037
- Issued by
- Erie County, New York
About this file
This is a Non-Collusive Bidding Certification form issued by Buffalo Public Schools Procurement in New York for a non-instructional software contract opportunity. The certification document establishes the legal requirements that all respondents must acknowledge when submitting proposals for 5-year term pricing on Adobe Creative Cloud, Beyond Trust, and Blue Voyant software. All bidders must certify under penalty of perjury that their pricing proposals have been developed independently without collusion, consultation, communication, or agreement with competitors; that pricing information will not be disclosed to other respondents prior to bid 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 further requires that respondents confirm no officer or member of the Buffalo Board of Education or City of Buffalo holds a direct interest in the proposal or related supplies and profits.
Proposals lacking the required non-collusive certification statements are ineligible for award consideration. However, if a respondent cannot provide the certification, they may submit a signed detailed 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 document clarifies that publishing price lists, informing prospective customers of pending price publications, or selling identical items to other customers at the same proposed price does not constitute a violation of the non-collusive certification. In cases involving joint proposals or subcontractor consultation, each party or subcontractor must independently sign the non-collusion certification for their respective organization.
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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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