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 Solutions being made or as to the fixing or adjusting of the amount of any Solution or the conditions on which any Solution is made; or
2. Informed any other person, other than the person calling for this Solution, of the amount or the approximate amount of the Solution, except where the disclosure, in confidence, of the amount of the 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 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 Solution for the Contract; or
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. 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 in relation to any other Solution or proposed Solution for the Works any act or omission; or
6. Canvassed any other persons referred to in Paragraph (1) above in connection with the Contract; or
7. Contacted any officer of the Local Authority about any aspect of the PPP Contract including (but without limitation) for the purposes of discussing the possible transfer to the employment of the Bidder of such officer for the purpose of the PPP Contract or for soliciting information in connection with the PPP Contract.
We also undertake that we shall not procure the doing of any of the acts mentioned in Paragraphs (1) to (7) above before the hour and date specified for the return of the Solution nor (in the event of the Solution being accepted) shall we do so while the resulting PPP Contract continues in force between us (or our successors in title) and the Local Authority.
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.