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.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Singapore

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

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:

Competition Act (Cap. 50B): Primary legislation governing competition law in Singapore, including provisions against anti-competitive practices and collusive behavior

Prevention of Corruption Act (Cap. 241): Key legislation addressing corruption and collusive practices in business dealings and public procurement

Penal Code (Cap. 224): Criminal law statute containing provisions related to fraud and false declarations

Oaths and Declarations Act (Cap. 211): Procedural law governing the proper execution and requirements for affidavits and statutory declarations in Singapore

Evidence Act (Cap. 97): Legislation specifying requirements and admissibility of affidavits and evidence in legal proceedings

CCCS Guidelines: Regulatory guidelines issued by the Competition and Consumer Commission of Singapore regarding anti-competitive practices

Government Procurement Guidelines: Administrative guidelines governing public procurement processes and anti-collusion requirements

Code of Practice on Competition in Telecommunication Services: Specific regulatory framework for competition in the telecommunications sector

Contract Law Principles: Common law principles governing formation and enforcement of contracts in Singapore

Statutory Declaration Requirements: Legal requirements for making and verifying statutory declarations under Singapore law

Anti-Bid Rigging Regulations: Specific provisions and guidelines preventing bid rigging and collusion in procurement processes

Anti-Trust Regulations: Legal framework preventing monopolistic practices and ensuring fair competition in the market

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