USDA_Non-Collusion_Affidavit.pdf

PDF 72 KB Posted

Attached to
Commodity Processing Foods
Solicitation number
011-DW-0325
Issued by
Polk County, Florida

About this file

This is a USDA Non-Collusion Affidavit form published by the Southeastern Regional Office of the USDA for use by National School Lunch and Breakfast Sponsors in conjunction with the School Board of Polk County, Florida's competitive solicitation (Bid Number 011-DW-0325) for Commodity Processing Foods. The affidavit is required for bids and contracts valued at $25,000 or more annually and must be executed by the firm member, officer, or employee responsible for final pricing decisions. The solicitation seeks vendors to process USDA commodity products into approved end products for delivery to the district's central warehouse in Bartow, Florida, with specific items including applesauce cups (cinnamon and banana strawberry varieties) and beef products such as fully cooked meatballs and beef patties that meet USDA Child Nutrition Program standards. The bid deadline is February 3, 2025, at 3:00 PM (ET), with electronic submissions required through www.myvendorlink.com. The initial contract period is one year beginning July 1, 2025, with potential extensions for four additional one-year periods.

The affidavit serves as a protective mechanism against antitrust violations, bid rigging schemes, price fixing, and market allocation schemes by requiring bidders to certify that bid prices were determined independently without consultation or communication with competitors, that prices have not been disclosed to other bidders, and that no attempts have been made to induce complementary or noncompetitive bids. Signatories must affirm that their firm and its affiliates have not been convicted or found liable in the past three years for conspiracy or collusion related to public contract bidding. The form emphasizes that misstatements constitute fraudulent concealment and may subject violators to criminal prosecution under state and federal law. In the case of joint ventures, each party must submit a separate affidavit. Failure to file the affidavit in compliance with instructions may result in bid disqualification.

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INSTRUCTIONS AND INFORMATION CONCERNING THIS AFFIDAVIT

This NON-COLLUSION AFFIDAVIT was published in the Partnership in Purchasing Issue No. 37, dated Winter 1994-95 by the South Eastern Regional Office (SERO) of the USDA. National School Lunch and Breakfast Sponsors are encouraged to use this form on Bids and contracts for $25,000 or more per year. Each State Agency, School Board or School Food Authority (SFA) may elect to require the use of this certification as part of a responsive bid or contract at their discretion.

This document is designed to protect State and local agencies from becoming targets of antitrust violations such as bid rigging schemes, price fixing agreements and market or customer allocations.

If a bidder signing the affidavit is ever found guilty of unlawful procurement or antitrust activities, these documents can and will be made available to Federal or State Agency officials in taking appropriate criminal and/or civil actions against said bidders.

1. This non-collusion affidavit is material to any contract awarded pursuant to this bid.

2. This non-collusion affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid.

3. 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.

4. 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.

5. 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 other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file this affidavit in compliance with these instructions, when required, may result in disqualification of the bid.

USDA NON-COLLUSION AFFIDAVIT

State of : Contract or Bid No.

{County} I state that I am of {Person’s Title} {Name of this firm} And that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I state that: (1) the price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) , its affiliates, subsidiaries, {Name of My Firm} officers, directors and employees are not currently under investigation by any government agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law I any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

I state that understands and acknowledges {Name of my Firm} that the above representations are material and important, and will be relied upon by in awarding the contract(s) for {Name of Public Entity} 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

{Name of Public Entity} of the true facts relating to submission of bids for this contract(s).

{Name of Company Official} / {Position} / {Date}

SWORN TO AND SUBSCRIBED

BEFORE ME THIS DAY

{NOTARY PUBLIC}

OF , 20 My Commission Expires:

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