Non Collusion Affidavit Template for Singapore
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What is a Non Collusion Affidavit?
The Non-Collusion Affidavit is a crucial document in Singapore's procurement landscape, designed to promote fair competition and prevent bid-rigging. It is typically required during tender submissions or contract awards, particularly in public sector procurement. The affidavit requires declarants to confirm they have not coordinated with competitors, shared pricing information, or engaged in any practices that could undermine fair competition. The document must be executed in accordance with Singapore's Oaths and Declarations Act, and false declarations can result in serious legal consequences under both civil and criminal law.
About the Non Collusion Affidavit
When participating in Singapore's competitive procurement process, you need to demonstrate your commitment to fair competition through proper legal documentation. A Non Collusion Affidavit serves as your sworn declaration that you have not engaged in anti-competitive practices, making it an essential requirement for most tender submissions and contract awards in Singapore.
When do you need this document?
You will typically require a Non Collusion Affidavit when submitting bids for government contracts, participating in public sector tenders, or responding to requests for proposals where multiple parties are competing. This requirement extends to private sector procurement where companies want to ensure compliance with competition law. The document becomes particularly crucial in large-scale infrastructure projects, IT system procurements, and service contracts where the risk of collusion is heightened. You may also need this affidavit when applying for business licenses or permits where competition considerations are relevant.
Key legal considerations
Your Non Collusion Affidavit must contain specific declarations about your competitive conduct, including confirmation that you have not communicated with competitors about pricing, market allocation, or bid coordination. You need to declare that your bid was prepared independently without consultation with other bidders regarding pricing strategies or submission details. The document should clearly state that you have not engaged in any agreement or understanding that would restrict competition or manipulate the bidding process. You must also confirm that you will not engage in such practices in the future. False declarations carry serious consequences, including contract termination, financial penalties, and potential criminal prosecution under Singapore's Penal Code.
Legal requirements in Singapore
Under Singapore law, your Non Collusion Affidavit must comply with the Oaths and Declarations Act, requiring proper execution before a Commissioner for Oaths. The Competition Act strictly prohibits anti-competitive agreements and practices, making accurate declarations essential for legal compliance. Your affidavit must include complete identification details, specific project references, and clear statements about your competitive conduct. The Prevention of Corruption Act adds another layer of legal obligation, particularly for public sector contracts where corrupt practices are strictly prohibited. You must ensure that your declaration is truthful and complete, as the Evidence Act allows these documents to be used in legal proceedings. The Competition and Consumer Commission of Singapore may investigate suspicious activities, and your affidavit serves as important evidence of your compliance with competition laws.
GOVERNING LAW
Applicable law
This Non Collusion Affidavit is drafted to comply with Singapore law. Key legislation includes:
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