_5. Non-Collusive Bidding Certification 2025 - 2026.pdf
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- Attached to
- GROCERY BID 2025 - 2026
- Solicitation number
- GROCERY BID 2025 - 2026
- Issued by
- Sullivan County, New York
About this file
The document is a Non-Collusive Bidding Certification form for the Brewster Central School District's Grocery Bid for 2025-2026 in New York. The certification is a mandatory legal document that bidders must complete to ensure fair and competitive bidding practices, with the primary purpose of preventing collusion, price-fixing, or anti-competitive behaviors among potential vendors.
The certification requires bidders to affirm under penalty of perjury that their bid prices have been determined independently, without consultation or communication with competitors, and that they have not attempted to discourage other potential bidders from submitting proposals. The document stipulates that if a bidder cannot make these certifications, they must provide a detailed explanation, and the purchasing unit will determine whether the bid can be considered. The form also clarifies that certain standard business practices, such as publishing price lists or selling to multiple customers at consistent prices, do not constitute collusive behavior.
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NON-COLLUSIVE BIDDING CERTIFICATION
1.Par. 103-d statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department agency or regulation or local law for work or services performed or to be performed or goods sold or to be sold shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury.
Non-collusive bidding certification:
(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the event of a joint bid, each person thereto certifies as to it own organization, under penalty of perjury, that to the best of their knowledge and belief:
1. The prices in this bid 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 bidder or with any competitor.
2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening directly or indirectly, to any other bidder or to any competitor.
3. No attempt had been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.
(b) A bid shall not be considered for award or shall any award be made where (a) 1, 2 and 3 above have not been complied with provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore where (a) 1, 2 and 3 above have not been complied with and the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was made for the purpose of restricting competition.
The fact that the bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same price being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).
2. Any bid hereafter made to any political subdivision of the state of any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation or local law, where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the cooperation
COMPANY NAME SIGNATURE / TITLE
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