NON-COLLUSION AFFIDAVIT
Does your municipality have contracts with corporations and other entities that exceed $25,000.00 per year? Does your Finance Director or Treasurer require the execution of an affidavit before submitting payment? If not, you should familiarize them with the provisions of 62 O.S. § 310.9, which provides as follows:
A. Except as provided in subsection B of this section, on every contract entered into by any county, school district, technology center school district or political subdivision of the state for an architect, contractor, engineer or supplier of construction materials of Twenty-five Thousand Dollars ($25,000.00) or more, shall be the following signed statement:
STATE OF OKLAHOMA )
) ss.
COUNTY OF __________)
The undersigned (architect, contractor, supplier or engineer), of lawful age, being first duly sworn, on oath says that this contract is true and correct. Affiant further states that the (work, services or materials) will be (completed or supplied) in accordance with the plans, specifications, orders or requests furnished the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the State of Oklahoma, any county or local subdivision of the state, of money or any other thing of value to obtain or procure the contract or purchase order.
__________________________________
(Contractor, architect, supplier or engineer)
Attested to before me this ____ day of _______, 20____.
B. Any county, municipality or school district executing a contract with an architect, contractor, supplier or engineer for construction, supplier or engineer for construction work, services or materials which are needed on a continual basis from such architect, contractor, supplier or engineer under the terms of such contract, or executing more than one contract during the fiscal year with such architect, contractor, supplier or engineer, may require that the architect, contractor, supplier or engineer complete a signed affidavit as provided for in subsection A of this section which shall apply to all work, services or materials completed or supplied under the terms of the contract or contracts.
The provisions of this statute seem to leave provision of the affidavit up to the municipality if the work, services or materials are on a contractual basis or where more than one contract is executed during the fiscal year. Reading the two subsections together lends credibility to the argument that if the contractor receives over $25,000.00, regardless of whether the services are provided on an ongoing basis or the result of multiple contracts, the affidavit must still be provided.
Applying best practices, it is recommended that contractors, such as attorneys, submit an affidavit with every invoice. Provision will ensure that payment to contractors does not run afoul of the statute. The Charter and local ordinances should also be reviewed to ensure compliance with the statute.