Common use of CERTIFICATE OF INDEPENDENT PRICE DETERMINATION Clause in Contracts

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (a) By submission of a Sale Order bid, the Buyer certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this sale: (1) The prices in the bid or proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices, with any other Buyer or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in a bid have not been knowingly disclosed by the Buyer and will not knowingly be disclosed by the Buyer prior to opening, in the case of a bid directly or indirectly to any other Buyer or to any competitor, and (3) No attempt has been made or will be made by the Buyer to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. (b) Each person signing this Agreement or subsequent Sale Order bid certifies that: (1) He is the person in the Buyer’s organization responsible within that organization for the decision as to the prices being bid or offered therein and that he has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3), above; or (i) He is not the person in the Buyer’s organization responsible within that organization for the decision as to the prices being bid or offered herein but that he has been authorized in writing to act as Agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a)(1) through (a)(3), above, as their Agent does hereby so certify; and (ii) He has not participated, and will not participate, in any action contrary to (a)(1) through (a)(3), above and (iii) As an Agent, has not personally participated and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

Appears in 2 contracts

Samples: Basic Sales Agreement, Basic Sales Agreement

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CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985) (a) By submission of a Sale Order bid, the Buyer certifies, and in the case of a joint bid each party thereto The offeror certifies as to its own organization, that in connection with this sale:- (1) The prices in the bid or proposal this offer have been arrived at independently, without consultation, communication, or agreementwithout, for the purpose of restricting competition, as to any matter relating to such pricesconsultation, communication, or agreement with any other Buyer offeror or with any competitorcompetitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) Unless otherwise required by law, the The prices which have been quoted in a bid this offer have not been and will not be knowingly disclosed by the Buyer and will not knowingly be disclosed by the Buyer prior offeror, directly or indirectly, to opening, any other offeror or competitor before bid opening (in the case of a sealed bid directly solicitation) or indirectly to any other Buyer or to any competitor, contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Buyer offeror to induce any other person or firm concern to submit or not to submit a bid an offer for the purpose of restricting competition. (b) Each person signing this Agreement or subsequent Sale Order bid certifies that:signature on the offer is considered to be a certification by the signatory that the signatory - (1) He is Is the person in the Buyer’s offeror's organization responsible within that organization for the decision as to determining the prices being offered in this bid or offered therein proposal, and that he the signatory has not participated, participated and will not participate, participate in any action contrary to subparagraphs (a)(1) through (a)(3), ) above; or (i) He is not the person Has been authorized, in the Buyer’s organization responsible within that organization for the decision as to the prices being bid or offered herein but that he has been authorized in writing writing, to act as Agent agent for the persons responsible for such decision following principals in certifying that such persons those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3), ) above, as their Agent does hereby so certify; and (iiiii) He As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3), above and (iii) As an Agent, has not personally participated and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above.

Appears in 1 contract

Samples: Contract

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985) (a) By submission of a Sale Order bid, the Buyer certifies, and in the case of a joint bid each party thereto The offeror certifies as to its own organization, that in connection with this sale:- (1) The prices in the bid or proposal this offer have been arrived at independently, without consultation, communication, or agreementwithout, for the purpose of restricting competition, as to any matter relating to such pricesconsultation, communication, or agreement with any other Buyer offeror or with any competitorcompetitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) Unless otherwise required by law, the The prices which have been quoted in a bid this offer have not been and will not be knowingly disclosed by the Buyer and will not knowingly be disclosed by the Buyer prior offeror, directly or indirectly, to opening, any other offeror or competitor before bid opening (in the case of a sealed bid directly solicitation) or indirectly to any other Buyer or to any competitor, contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the Buyer offeror to induce any other person or firm concern to submit or not to submit a bid an offer for the purpose of restricting competition. (b) Each person signing this Agreement or subsequent Sale Order bid certifies that:signature on the offer is considered to be a certification by the signatory that the signatory - (1) He is Is the person in the Buyer’s offeror's organization responsible within that organization for the decision as to determining the prices being offered in this bid or offered therein proposal, and that he the signatory has not participated, participated and will not participate, participate in any action contrary to subparagraphs (a)(1) through (a)(3), ) above; or (i) He is not the person Has been authorized, in the Buyer’s organization responsible within that organization for the decision as to the prices being bid or offered herein but that he has been authorized in writing writing, to act as Agent agent for the persons responsible for such decision following principals in certifying that such persons those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3), ) above, as their Agent does hereby so certify; and (iiiii) He As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3), above and (iii) As an Agent, has not personally participated and will not participate, in any action contrary to subparagraphs (a) (1) through (a) (3) above. (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

Appears in 1 contract

Samples: Contract

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CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. Both the Institution or facility and the Caterer (abidder) shall execute this Certificate of Independent Price Determination. Name of Institution Name of Caterer A. By submission of a Sale Order bidthis offer, the Buyer certifies, bidder certifies and in the case of a joint bid offer, each party thereto certifies as to its own organization, that in connection with this saleInvitation to Bid: (1) The prices in the bid or proposal this offer have been arrived at independently, without consultation, communication, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices, prices with any other Buyer bidder or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in a bid this offer have not been knowingly disclosed by the Buyer bidder and will not knowingly be disclosed by the Buyer bidder prior to opening, in the case opening of a this advertised bid directly or indirectly to any other Buyer bidder or to any competitor, ; and (3) No attempt has been made or will be made by the Buyer bidder to induce any other person or firm to submit or not to submit a bid submit, an offer for the purpose of restricting competition. (b) B. Each person signing this Agreement or subsequent Sale Order bid offer on behalf of the Caterer certifies that: (1) He or she is the person in the BuyerCaterer’s organization responsible within that organization for the decision as to the prices being bid or offered therein herein and that he has not participated, and will not participate, in any action contrary to (a)(1) A.1 through (a)(3), A.3 above; or (i2) He or she is not the person in the BuyerCaterer’s organization responsible within that organization for the decision as to the prices being bid or offered herein herein, but that he or she has been authorized in writing to act as Agent agent for the persons responsible for such decision in certifying that such persons have not participated, participated and will not participate, in any action contrary to (a)(1) A.1 through (a)(3), A.3 above, and as their Agent agent does hereby so certify; and (ii) He and he or she has not participated, and will not participate, in any action contrary to (a)(1) A.1 through (a)(3)A.3 above. In accepting this offer, above and (iii) As an Agent, the Institution certifies that no representative of the Institution has not personally participated and will not participate, in taken any action contrary which may have jeopardized the independence of the offer referred to subparagraphs (a) (1) through (a) (3) above.. _

Appears in 1 contract

Samples: Small Purchase Contract

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