* § 103-d. Statement of non-collusion in bids and proposals to
political subdivision of the state. 1. Every bid or proposal hereafter
made to a political subdivision of the state or any public department,
agency or official thereof where competitive bidding is required by
statute, 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: 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 case of a joint bid each
party thereto certifies as to its own organization, under penalty of
perjury, that to the best of 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; 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. "

(a-1) Notwithstanding the foregoing, the statement of non-collusion
may be submitted electronically in accordance with the provisions of
subdivision one of section one hundred three of the general municipal
law.

(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
therefor. Where (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 political subdivision,
public department, agency or official thereof to which the bid is made,
or his designee, determines that such disclosure was not made for the
purpose of 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 political subdivision of the state or
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, and where such bid contains the certification
referred to in subdivision one of this 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 corporation.

* NB Effective until June 1, 2028

* § 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 official thereof where competitive bidding is required by statute,
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: 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 case of a joint bid each
party thereto certifies as to its own organization, under penalty of
perjury, that to the best of 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; 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
therefor. Where (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 political subdivision,
public department, agency or official thereof to which the bid is made,
or his designee, determines that such disclosure was not made for the
purpose of 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 political subdivision of the state or
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, and where such bid contains the certification
referred to in subdivision one of this 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 corporation.

* NB Effective June 1, 2028