The Non-Collusion Affidavit is a crucial document in Canadian procurement processes, designed to promote fair competition and prevent bid-rigging. It is typically required in public and private sector competitive bidding situations, particularly in high-value contracts or government procurement. The document serves as both a deterrent to anti-competitive behavior and a legal basis for prosecution if false statements are made. The affidavit must comply with federal and provincial competition laws, including the Competition Act and relevant procurement regulations. It requires the affiant to make specific declarations about the independence of their bid, absence of collusion with competitors, and compliance with competition laws. The document is particularly important in sectors with high-value contracts or public interest considerations, such as construction, defense, or public infrastructure projects.
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1. Affiant Identification: Full legal name, position, and company details of the person making the affidavit
2. Project Identification: Details of the specific bid, tender, or procurement process to which this affidavit relates
3. Authority Statement: Statement confirming the affiant's authority to make the affidavit on behalf of the bidding entity
4. Non-Collusion Declarations: Core statements declaring no collusion, bid-rigging, or anti-competitive arrangements with other parties
5. Price Independence Statement: Declaration that bid prices were determined independently without consultation with competitors
6. Non-Disclosure Statement: Confirmation that bid details were not disclosed to any competitor prior to bid opening
7. Certification of Truthfulness: Statement certifying that all declarations made are true and accurate
8. Notarization Block: Space for notary's or commissioner's official statement, signature, and seal
1. Related Companies Declaration: Additional section used when the bidding entity has affiliated companies or subsidiaries to declare any relationships
2. Prior Violations Disclosure: Section to be included if there's a requirement to disclose any previous competition law violations or investigations
3. Subcontractor Statement: Required when the bid involves subcontractors, declaring their independence and non-collusion
4. Joint Venture Statement: Included when the bid is submitted by a joint venture or partnership
5. Foreign Jurisdiction Compliance: Added when the bidding entity operates in multiple jurisdictions and needs to declare compliance with foreign competition laws
1. Schedule A - List of Related Companies: Detailed list of affiliated companies, subsidiaries, and their relationships to the bidding entity
2. Schedule B - Subcontractor Information: List of all subcontractors and their written non-collusion confirmations
3. Appendix 1 - Corporate Authorization: Corporate resolution or authorization document proving the affiant's authority to make the affidavit
4. Appendix 2 - Supporting Documentation: Any additional documents referenced in the affidavit or required by the procurement process
Relevant legal definitions
Affiant
Bid
Bidding Documents
Collusion
Competitor
Contract
Contracting Authority
Joint Venture
Procurement Process
Project
Proposal
Related Entity
Request for Proposal
Request for Tender
Subcontractor
Tender
Tender Documents
Affiliate
Bid Price
Bid-Rigging
Anti-Competitive Arrangement
Principal
Authorized Representative
Procurement Authority
Confidential Information
Material Fact
Parent Company
Subsidiary
Associated Entity
Consulting Agreement
Bid
Bidding Documents
Collusion
Competitor
Contract
Contracting Authority
Joint Venture
Procurement Process
Project
Proposal
Related Entity
Request for Proposal
Request for Tender
Subcontractor
Tender
Tender Documents
Affiliate
Bid Price
Bid-Rigging
Anti-Competitive Arrangement
Principal
Authorized Representative
Procurement Authority
Confidential Information
Material Fact
Parent Company
Subsidiary
Associated Entity
Consulting Agreement
Clauses
Independent Preparation of Bid
No Communication with Competitors
No Price Fixing
No Market Allocation
No Bid Rotation
Confidentiality
Authority and Capacity
Truth and Accuracy
Disclosure of Relationships
Non-Collusion Declaration
Price Independence
Compliance with Competition Laws
Subcontractor Independence
Information Disclosure
Penalty Acknowledgment
Legal Compliance
Verification
Notarization
Corporate Authorization
Prior Violations
No Communication with Competitors
No Price Fixing
No Market Allocation
No Bid Rotation
Confidentiality
Authority and Capacity
Truth and Accuracy
Disclosure of Relationships
Non-Collusion Declaration
Price Independence
Compliance with Competition Laws
Subcontractor Independence
Information Disclosure
Penalty Acknowledgment
Legal Compliance
Verification
Notarization
Corporate Authorization
Prior Violations
Relevant Industries
Construction
Infrastructure
Defense
Healthcare
Information Technology
Transportation
Energy
Telecommunications
Public Works
Engineering Services
Environmental Services
Professional Services
Manufacturing
Education
Relevant Teams
Legal
Procurement
Compliance
Business Development
Operations
Commercial
Risk Management
Corporate Affairs
Project Management
Bid Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Procurement Manager
Bid Manager
Contract Manager
Legal Counsel
Compliance Officer
Project Director
Business Development Manager
Operations Director
Commercial Manager
Tender Coordinator
Risk Manager
Corporate Secretary
General Manager
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