§74-85.22. Competitive bid or contract for goods or services – Form
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of certification.
Any competitive bid submitted to this state or contract executed by the state for an acquisition in excess of the fair and reasonable acquisition threshold amount shall contain a certification, dated and in substantially the following form:
A. I certify:
1. I am the duly authorized agent of _____________, for the purpose of certifying facts pertaining to the existence of collusion among and between bidders and suppliers and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in connection with the prospective acquisition;
2. I am fully aware of the facts and circumstances surrounding the acquisition or making of the bid to which this statement relates and have been personally and directly involved in events leading to the acquisition or submission of such bid; and
3. Neither the business entity that I represent in this certification nor anyone subject to the business entity's direction or control has been a party:
a. to any collusion among bidders or suppliers in
restraint of freedom of competition by agreement to
bid or contract at a fixed price or to refrain from
bidding or contracting,
b. to any collusion with any state official or employee
as to quantity, quality or price in the prospective
contract, or as to any other terms of such prospective
contract, nor
c. to any discussions between bidders or suppliers and
any state official concerning exchange of money or
other thing of value for special consideration in
connection with the prospective contract.
B. I certify, if awarded the contract, whether competitively bid or not, neither the business entity I represent nor anyone subject to the business entity's direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of this state any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement relates. Added by Laws 1974, c. 43, § 1, emerg. eff. April 13, 1974. Amended by Laws 1984, c. 166, § 6, operative July 1, 1984; Laws 2008, c. 96,
§ 6, eff. Nov. 1, 2008; Laws 2009, c. 322, § 9; Laws 2010, c. 170, § 2, emerg. eff. April 26, 2010; Laws 2013, c. 219, § 1, emerg. eff. May 7, 2013; Laws 2014, c. 255, § 1; Laws 2020, c. 98, § 14, eff. Nov. 1, 2020.