Non Collusion Affidavit Template for England and Wales

A Non Collusion Affidavit is a sworn statement that you must submit when bidding on government contracts to certify that you have not engaged in any anti-competitive practices or collusion with other bidders. This legal document protects the integrity of public procurement processes and ensures compliance with federal antitrust laws.

When do you need this document?

You need a Non Collusion Affidavit whenever you submit bids for federal, state, or local government contracts, particularly for construction projects, professional services, or supply agreements. Most government agencies require this affidavit as part of their standard bidding process, especially for contracts exceeding specific dollar thresholds. You'll also need this document when responding to requests for proposals (RFPs) from public entities, participating in sealed bid processes, or seeking pre-qualification for government contractor status. Additionally, some private organizations that receive government funding may require non-collusion affidavits from their contractors to maintain compliance with federal regulations.

Key legal considerations

The affidavit must include specific declarations that you have not communicated with competitors about pricing, market allocation, or bid coordination. You must certify that your bid was prepared independently without consultation with other bidders and that you have not received insider information about competitors' bids. The document requires you to disclose any business relationships, partnerships, or financial interests that could create conflicts of interest. You must also affirm that no government officials or procurement personnel have influenced your bidding decisions through improper means. False statements in the affidavit constitute perjury and can result in criminal prosecution, civil penalties, and permanent disbarment from government contracting. The verification statement makes you legally liable for the truthfulness of all declarations under penalty of perjury.

Legal requirements in United States

Under the Sherman Antitrust Act and Clayton Act, bid rigging and price fixing are federal crimes punishable by substantial fines and imprisonment. The Federal Acquisition Regulation (FAR 52.203-2) specifically mandates non-collusion certifications for federal contracts, while the Defense Federal Acquisition Regulation Supplement (DFARS) imposes additional requirements for defense contracts. The Federal Trade Commission Act empowers the FTC to investigate and prosecute anti-competitive practices in government procurement. The Robinson-Patman Act addresses price discrimination issues that may arise in competitive bidding situations. State procurement laws often mirror federal requirements but may include additional disclosure obligations or stricter penalties. The affidavit must be notarized by a licensed notary public and include the notary's official seal and commission information. Some jurisdictions require the affidavit to be submitted within specific timeframes or updated if circumstances change during the procurement process.