Non-Collusive Certificate .docx

NON-COLLUSIVE BIDDER’S CERTIFICATION

1. Every bid or proposal made to a public authority or to any official of any public authority created by the state of any political subdivision, where competitive bidding is required by statue, rule, 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:

(a) By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his 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; and

(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; and

(3) No attempt has 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, nor 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. When (a) (1), (2), and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state, public department or agency to which the bid is made, or his designee, determines that such disclosure was not restricting competition.

The fact that a 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 prices being bid, does not constitute without more, a disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to any public authority or to any official of any public authority created by the state or any political subdivision, 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, rules, regulation, or local law, and where such bid contains the certification referred to in subdivision one of Chapter 675 of the Laws of 1966, shall be deemed to have been authorized by the board of directors of the Bidder, and such authorizations 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 corporation.

In entering this contract, the contractor agrees that the quantities of materials as stated in the Instruction to Bidders are approximate only, and that during the period of the contract the Authority may find it advisable and shall have the right to increase or decrease the quantities.

Pursuant to the conditions of the foregoing Notice to Bidders, attached hereto is cashier’s check, or official bank check drawn on for the sum of __________

By making this proposal, the bidder agrees that if this proposal is accepted, he will furnish and deliver materials/services as specified to the Suffolk County Water Authority at the price named and under the terms of the attached contract documents, and if the undersigned shall fail to execute the contract within thirty (30) days from the date of notification of the awarding of the contract, then the Authority may, at its option, determine that the undersigned has abandoned the contract and thereupon this proposal shall be null and void, and the deposit accompanying this proposal shall be forfeited to and become the property of said Authority as liquidated damages for such failure or neglect, otherwise the deposit shall be returned to the undersigned. In the event of a bid bond shall accompany this proposal, the Authority shall declare said bid bond in default and take action accordingly under the terms of said bid bond.

The word "he" as used in this proposal is to be understood to include the individual firm or corporation making the proposal. In case a firm shall be the bidder, it is understood that all statements herein contained shall apply to the firm and each member thereof.