Sec. 6. (a) An offeror must file with the purchasing agent an affirmation, made under the penalties for perjury, that states in substance the following:

(1) The offeror has not entered into a combination or an agreement:

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Terms Used In Indiana Code 5-22-16-6

  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
(A) relative to the price to be offered by a person;

(B) to prevent a person from making an offer; or

(C) to induce a person to refrain from making an offer.

(2) The offeror’s offer is made without reference to any other offer.

     (b) The purchasing agent may require the affirmation to be made in the contract documents.

     (c) The purchasing agent shall reject an offer that the purchasing agent finds to be collusive.

     (d) If after the purchasing agent has awarded the contract, the purchasing agent discovers that the successful offeror’s affirmation was false, the purchasing agent shall declare the contract forfeited and award a new contract.

     (e) A person convicted of perjury for filing a false affirmation under this section may not be a party to a contract under this article for three (3) years following the date of conviction.

As added by P.L.49-1997, SEC.1.