§ 102-397. Noncollusion.

On all competitive sealed proposals and competitive sealed bids solicited by the county through its purchasing agent, the following certificate of independent price determination shall be signed and attached to the bid or proposal. Under this article, collusion and other anticompetitive practices among offerors are prohibited by county, state and federal laws, and the county, therefore, establishes the following:

On all competitive sealed proposals and competitive sealed bids pursuant to this article received or solicited by the county through its purchasing agent, the following certificate of independent price determination shall be signed and attached to the bid or proposal:

(1)

Certification of independent price determination. All offerors shall identify a person having authority to sign for the offeror who shall certify, in writing, as follows:

"I certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of county, state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder.

Affiant further states that pursuant to O.C.G.A. Section 36-91-21 (d) and (e), s(he) or it has not, by himself/herself/itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work.

Affiant further states that the said offer is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price."

(2)

Reporting of anticompetitive practices. When for any reason collusion or other anticompetitive practices are suspected among any offerors, a notice from the using agency or other county department with knowledge of the relevant facts shall be transmitted to the county attorney for investigation.

(Res. No. 13-0052, 1-23-13)

State Law reference— Competitive award requirements, O.C.G.A. § 36-91-21(d), (e).

Note— Formerly Code, Pt. I, § 2-320.