Common use of NON-COLLUSIVE BIDDING CERTIFICATION Clause in Contracts

NON-COLLUSIVE BIDDING CERTIFICATION. By submission of the bid proposal each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid proposal each party thereto certifies as to its own organization, under penalty of xxxxxxx, that to the best of his/her knowledge and belief the prices in this bid proposal 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. A bid proposal shall not be considered for award nor shall any award be made where (a) below has not been complied with by the Bidder. 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 proposed, does not constitute, without more, a disclosure within the meaning of paragraph (a) of this certification. Any bid proposal hereafter made to any municipal housing authority 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, and where such proposal contains the certification referred to in paragraph (a) of this subdivision, 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 proposal and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

NON-COLLUSIVE BIDDING CERTIFICATION. By submission of the bid proposal each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid proposal each party thereto certifies as to its own organization, under penalty of xxxxxxxperjury, that to the best of his/her knowledge and belief the prices in this bid proposal 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. A bid proposal shall not be considered for award nor shall any award be made where (a) below has not been complied with by the Bidder. 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 proposed, does not constitute, without more, a disclosure within the meaning of paragraph (a) of this certification. Any bid proposal hereafter made to any municipal housing authority 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, and where such proposal contains the certification referred to in paragraph (a) of this subdivision, 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 proposal and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.