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Non-Collusion Affidavit not properly completed

KS
Kimberlee Spady
Fri, Aug 11, 2023 8:59 PM

If a bid on a project that is subject to the Competitive Bidding Act is submitted with an anti-collusion affidavit that is not properly completed and not notarized, can that be cured by the submission of a proper affidavit prior to the contract being awarded?

I'm not finding any authority one way or another on this.  Of course, the statute says the affidavit "shall" be submitted with the bid. But I'm hoping for experience or authority confirming this can be remedied as a practical matter.

Thanks
Kim Spady

If a bid on a project that is subject to the Competitive Bidding Act is submitted with an anti-collusion affidavit that is not properly completed and not notarized, can that be cured by the submission of a proper affidavit prior to the contract being awarded? I'm not finding any authority one way or another on this. Of course, the statute says the affidavit "shall" be submitted with the bid. But I'm hoping for experience or authority confirming this can be remedied as a practical matter. Thanks Kim Spady