Non Collusion Affidavit Template for the United States

A Non Collusion Affidavit is a sworn legal document that you must submit when bidding on government contracts in the United States. This affidavit serves as your formal declaration under penalty of perjury that you have not engaged in any collusive practices, bid rigging, or other anti-competitive behaviors during the procurement process. Understanding when and how to properly complete this document is essential for maintaining compliance with federal antitrust laws and securing government contracts.

When do you need this document?

You will need to submit a Non Collusion Affidavit whenever you participate in competitive bidding for government contracts at the federal, state, or local level. This requirement is most common for construction projects, professional services contracts, and procurement of goods or services above certain dollar thresholds. Federal agencies typically require this affidavit for contracts exceeding $150,000, while state and local governments may have lower thresholds. You must also provide this document when responding to requests for proposals (RFPs), invitations for bids (IFBs), or other competitive solicitations where multiple vendors are expected to participate.

Key legal considerations

The most critical aspect of completing a Non Collusion Affidavit is understanding that false statements can result in serious criminal and civil penalties under federal antitrust laws. Your affidavit must contain specific declarations that you have not communicated with competitors about pricing, terms, or other bid details. You must also certify that your bid was prepared independently without consultation with other bidders. The document requires you to disclose any business relationships or financial interests with other potential bidders that could create conflicts of interest. Additionally, you must affirm that you have not attempted to induce other parties to submit non-competitive bids or to refrain from bidding altogether. These statements are made under oath, and providing false information can lead to perjury charges, contract cancellation, debarment from future government contracts, and significant financial penalties.

Legal requirements in the United States

Under United States law, Non Collusion Affidavits are governed by multiple federal statutes including the Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act. The Federal Acquisition Regulation (FAR 52.203-2) specifically addresses contractor certifications regarding non-collusive bidding practices for federal procurement. State and local governments typically have their own procurement regulations that mirror federal requirements but may include additional state-specific provisions. The affidavit must be notarized by a licensed notary public, and some jurisdictions require the document to be submitted within specific timeframes relative to bid submission deadlines. Failure to submit a properly executed Non Collusion Affidavit can result in automatic disqualification from the bidding process, regardless of the competitiveness of your proposal.