Anti-Collusion Certificate

The essence of the public procurement process is that the Local Authority shall receive bona fide competitive tenders from all Bidders.  In recognition of this principle we hereby certify that this is a bona fide Solution, intended to be competitive, and that we have not fixed or adjusted the amount of the Solution or the rates or prices quoted by or under or in accordance with any agreement or arrangement with any other Bidder (other than a member of our own consortium). We have not and insofar as we are aware neither has any Bidder Party (as defined in the Invitation to Submit Detailed Solutions):

1.  entered into any agreement with any other person with the aim of preventing Detailed Solutions being made or as to the fixing or adjusting of the amount of any Detailed Solution or the conditions on which any Detailed Solution is made; or

2.  informed any other person, other than the person calling for this Detailed Solution, of the amount or the approximate amount of the Detailed Solution, except where the disclosure, in confidence, of the amount of the Detailed Solution was necessary to obtain quotations necessary for the preparation of the Solution for insurance, for performance bonds and/or contract guarantee bonds or for professional advice required for the preparation of the Detailed Solution; or

3.  caused or induced any person to enter into such an agreement as is mentioned in Paragraph (1) and (2) above or to inform us of the amount or the approximate amount of any rival Detailed Solution for the Contract or had the benefit in the preparation of this Detailed Solution of any inside information about the intentions of any other Bidder;

4.  committed any offence under the Prevention of Corruption Acts 1889 to 1916 nor under Section 117 of the Local Government Act 1972; or

5.  admitted and/or been found by a relevant regulatory authority to have participated in or undertaken behaviour which is or is apparently intended to or has the consequence of significantly restricting competition;

6.  offered or agreed to pay or give any sum of money, inducement or valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done any act or omission in relation to any other Detailed Solution or proposed Detailed Solution for the Project; or

7.  canvassed any other persons (whether or not referred to in these paragraphs 1 to 8) in connection with the Detailed Solutions; or

8.  contacted any member or officer of or person engaged as an advisor by the Local Authority about any aspect of the Detailed Solution in a manner not permitted by this ISDS including (but without limitation) for the purposes of discussing the possibility of their future employment or engagement by the Bidder or for soliciting information in connection with the PFI Contract.

We also undertake that we shall not procure the doing of any of the acts mentioned in Paragraphs (1) to (7) above nor (in the event of the Solution being accepted) shall we do so while the resulting PFI Contract continues in force between us (or our successors in title) and the Local Authority.

We understand that if we have falsely completed this certificate and/or we fail to declare any circumstances described above then the Local Authority shall be entitled to exclude us and the Detailed Solution from this tender process.

In this certificate, the word "person" includes any person, body or association, corporate or incorporate and "agreement" includes any arrangement whether formal or informal and whether legally binding or not.