§ 139-d. Statement of non-collusion in bids to the state. 1. Every bid
hereafter made to the state or any public department, agency or official
thereof, where competitive bidding is required by statute, rule or
regulation, 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 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;

(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 seven of section one hundred sixty-three of the state
finance 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 state, public department
or agency 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 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 or regulation, 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.