5-ATTACHMENT -NON-COLLUSION AFFIDAVIT.pdf
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- Berks County, Reese CDP, Pennsylvania
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This is a Non-Collusion Affidavit form required by the City of Reading, Pennsylvania for the 11th and Pike Recreation Center Engineering Services contract opportunity. The affidavit must be executed by an authorized member, officer, or employee of the bidding firm and submitted with the bid as a material requirement. The form requires the signatory to certify under oath that the submitted bid is genuine and not collusive, that no collusion or conspiracy exists between the bidder and other bidders regarding pricing or bid submission decisions, and that the bid price is fair and proper without any unlawful agreements. The affidavit further requires confirmation that no conflicts of interest exist between the bidder and the City of Reading that would impede contract performance. For joint venture bids, each party must submit a separate affidavit with their respective authorized representative.
Failure to submit the completed and notarized Non-Collusion Affidavit in compliance with the instructions will result in automatic disqualification of the bid. The affidavit is authorized under the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq., and emphasizes that bid rigging and false sworn statements are unlawful and subject to criminal prosecution. The signatory must examine the affidavit carefully and make diligent inquiry of all persons associated with the bidder who have responsibilities for bid preparation, approval, or submission to ensure all statements are truthful and accurate. Any misstatement in the affidavit is treated as fraudulent concealment of facts relating to bid submission.
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NON-COLLUSION AFFIDAVIT
INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT
This Non-Collusion Affidavit is material to any contract 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.
This Non-Collusion affidavit must be executed by the member, officer, or employee of the bidder who is authorized to legally bind the bidder.
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.
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.
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 form of bid submitted for the purpose of giving a false appearance of competition.
Failure to file an Affidavit in compliance with these instructions will result in disqualification of the bid.
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NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of ________________________
County of ______________________
_______________________________, being first duly sworn, deposes and says that:
He/She is _____________________(Owner, Partner, Officer, Representative or Agent) of ________________________________________, the Bidder that has submitted the attached Bid or Bids;
He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers;
partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication of conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overheld, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Reading or any person interested in the proposed Contract;
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant; and, Neither the said Bidder nor any of its officers, partners, owners, agents or parties in interest, have any interest, present or prospective, that can be reasonably construed to result in a conflict of interest between them and the City of Reading, which the Bidder will be required to perform.
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I state that _____________________________ understands (Name of Firm) and acknowledges that the above representations are material and important, and will be relied on by the City of Reading 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 City of Reading of the true facts relating to the submission of bids for this contract.
(Name and Company Position)
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ________
DAY OF _________, 20___
_________________________ My Commission Expires Notary Public
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