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Legal Anti-Collusion Statement

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LEGAL ANTI-COLLUSION STATEMENT

This Legal Anti-Collusion Statement is made and entered into by and between Client Name: , whose principal address is , and Contractor Name: , whose principal address is (each a "Party" and collectively the "Parties"), effective as of Effective Date: .

RECITALS

WHEREAS, Client issued a solicitation or request for proposals titled Solicitation Title: , Solicitation/Project No.: ; and

WHEREAS, Contractor submitted a Proposal/Bid to Client on Submission Date: in response to the solicitation identified above; and the Parties wish to set forth mutual assurances that the formation, submission and award of any contract arising from that solicitation shall be free from collusive practices.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Statement, the following terms have the meanings set forth below:

"Collusion" means any agreement, combination, conspiracy or understanding among two or more persons to restrain trade, fix prices, rig bids, allocate markets, customers or contracts, or otherwise improperly limit competition in connection with the solicitation or award of contracts.

"Bid" or "Proposal" means any response, proposal, quotation, or other submission by Contractor to Client in connection with the referenced solicitation.

2. CERTIFICATION OF NON-COLLUSION

Contractor hereby represents, warrants, and certifies that:

(a) The Bid submitted by Contractor was arrived at independently, without consultation, communication, or agreement with any competitor or potential competitor for the purpose of fixing prices, limiting production, allocating markets, or otherwise restraining trade.

(b) No employee, agent, or representative of Contractor has directly or indirectly engaged in any conduct that would constitute Collusion with respect to the solicitation, including exchange of pricing information, submission of complementary or courtesy bids, bid rotation, or any other practice designed to unfairly influence the competitive bidding process.

(c) Contractor has not and will not offer or accept, directly or indirectly, any kickback, bribe, or other improper inducement in connection with the solicitation or any contract arising therefrom.

3. DISCLOSURE OF CONTACTS

Contractor shall disclose any contact, communication, or meeting with any competitor, subcontractor, supplier, or other party that relates to pricing, allocation of contracts, market division, or any other activity that could reasonably be construed as Collusion. If no such contacts occurred, Contractor shall so certify by entering "NONE" in the field below.

4. REPRESENTATIONS REGARDING COMPETITIVE PRACTICES

Contractor further represents that it has implemented and maintains internal compliance policies and procedures reasonably designed to prevent Collusion and ensure that its employees, agents, and representatives understand and adhere to applicable competition and antitrust laws. Contractor agrees to provide a copy of such policies to Client upon reasonable request.

5. REMEDIES FOR BREACH

In the event Contractor breaches any representation, warranty, or certification contained in this Statement, Client may, in its sole discretion, take any or all of the following actions in addition to any other remedies available at law or in equity:

(a) Reject or disqualify Contractor's Bid; (b) Reject or rescind any award or contract resulting from the solicitation; (c) Terminate any contract for default; (d) Recover from Contractor any additional costs, damages, or consequential losses incurred by Client as a result of the breach, including reasonable attorneys' fees and costs of investigation; (e) Require the forfeiture of any bid, performance or payment bonds; and (f) Refer the matter to appropriate governmental authorities for civil or criminal enforcement.

6. INDEMNIFICATION

Contractor shall defend, indemnify and hold harmless Client and its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from Contractor's breach of this Statement, any misrepresentation contained herein, or any Collusive conduct by Contractor, its employees, agents, or subcontractors.

7. NOTICES

All notices, demands or other communications required or permitted hereunder shall be in writing and delivered to the Parties at the addresses set forth below by personal delivery, certified mail (return receipt requested), or overnight courier:

8. GOVERNING LAW

This Statement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

9. ENTIRE AGREEMENT; SEVERABILITY

This Statement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. If any provision of this Statement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Statement shall be effective unless in writing and signed by both Parties. No waiver of any breach shall be deemed a waiver of any other or subsequent breach. This Statement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

11. CERTIFICATION AND AUTHORITY

Each undersigned representative certifies under penalty of perjury that they are authorized to bind the Party on whose behalf they sign, that the statements contained in this Statement are true and accurate to the best of their knowledge, and that the Party has not engaged in Collusion in connection with the solicitation or award of any contract arising therefrom.

Client:

By:

Date:

Contractor:

By:

Date:

Enter text✕

What a Legal Anti-Collusion Statement Is and When It Applies

A Legal Anti-Collusion Statement is a written declaration by an individual or organization affirming that they did not engage in price‑fixing, bid rigging, market allocation, or other collusive behavior related to a specific procurement, contract, or competitive process. The document typically accompanies bids, proposals, procurement responses, or contract awards and documents the signer’s understanding of applicable competition rules, conflicts of interest, and truthful cost submissions. It creates an auditable record that contracting parties, auditors, and regulators can use to verify compliance and to support contract integrity and procurement transparency.

Why an Anti-Collusion Statement Matters for Procurement and Compliance

An Anti-Collusion Statement reduces legal and reputational risk by documenting the bidder’s representation that no prohibited coordination occurred. It helps contracting authorities meet audit expectations and provides clear evidence for internal controls, vendor due diligence, and regulatory review under state or federal procurement rules.

Why an Anti-Collusion Statement Matters for Procurement and Compliance

Who Typically Completes an Anti-Collusion Statement

Organizations and individuals involved in competitive procurement, contracting, or grant-funded projects usually complete an anti-collusion statement when submitting proposals or bids.

  • Vendors and bidders submitting proposals for public or private procurement; certifies no collusive conduct during bidding.
  • Contracting officers and procurement managers who collect and retain vendor declarations for audit and compliance.
  • Legal, compliance, or audit teams verifying vendor representations and documenting due diligence results.

The statement is also retained by procurement officers, compliance teams, and legal counsel as part of the procurement record and audit trail.

Who Signs and Why

Authorized Signatory

Typically an officer, partner, or other person with authority to bind the company. The signatory certifies corporate knowledge of bidding practices and accepts legal responsibility for the representations made in the statement.

Individual Bidder

For sole proprietors or individual contractors, the individual signs personally and may be held directly accountable under procurement rules and anti‑trust laws if the representation proves false.

Essential Data Elements to Include

Document Title: Legal Anti-Collusion Statement
Party Name: Full legal entity or individual name
Contract/Project: RFP or contract identifier
Statement Date: MM/DD/YYYY
Signer Role: Title or capacity
Signature Block: Signature and printed name

Legal Risks for Inaccurate or Omitted Statements

Contract Termination: Potential cancellation of award
Civil Liability: Damages and treble damages possible
Criminal Exposure: Antitrust criminal penalties possible
Debarment: Exclusion from future procurements
Reputational Harm: Long-term loss of trust
Regulatory Fines: Agency penalties and sanctions

Common Preparation Errors to Avoid

  • Using informal or unclear language that fails to identify the contract, RFP number, or project scope, making the statement ambiguous during audits.
  • Having a signer without authority sign the statement, which can render the representation unenforceable or trigger follow‑up verification demands.
  • Failing to retain the executed statement with procurement records for the required retention period, complicating future audits or legal challenges.
  • Mixing anti‑collusion language with unrelated contractual warranties or indemnities that confuse the intended purpose of the declaration.

Real-world contexts where Anti-Collusion Statements are used

The following examples show typical scenarios where a formal anti-collusion declaration is required or recommended during procurement and contracting.

Public Procurement Example

A county RFP required vendor certifications of non‑collusion and conflicts of interest.

  • The certification accompanied each bid submission.
  • The record allowed the procurement office to demonstrate vendor due diligence during post‑award audit and helped resolve a later vendor protest using dated, signed evidence.

Grant-Funded Contract Example

A nonprofit submitting a federally funded project included a signed anti‑collusion statement.

  • It was retained with grant documents.
  • When a monitoring visit questioned competitive processes, the agency accepted the statement as part of the compliance package while requesting supporting procurement records.

Step-by-step: Completing an Anti-Collusion Statement

Follow these steps to complete and retain a clean, auditable anti‑collusion statement for procurement or contracting processes.

  • 01
    Identify the Contract: Enter RFP/contract number and project title.
  • 02
    Provide Party Details: List full legal entity name and address.
  • 03
    Make the Statement: Use clear non‑collusion language and scope.
  • 04
    Sign and Date: Signer prints name, role, signature, and date.

How the Anti-Collusion Statement Fits into Procurement Workflow

This sequence shows where the statement is attached and how it moves through a typical bid or proposal process.

  • Drafting: Prepare the statement template with project references.
  • Attachment: Attach to proposal as a required submission item.
  • Verification: Procurement reviews signer authority and completeness.
  • Retention: Store executed copy in procurement records.

Key Clauses and Language to Include

A professional anti‑collusion statement is concise but precise; include these six elements to ensure clarity and enforceability.

Identifying Information

Reference the RFP/contract ID, project name, and procurement entity so the statement clearly ties to the exact procurement action.

Non-Collusion Declaration

A direct statement that the signer did not engage in price-fixing, bid rigging, market allocation, or other collusive practices related to the submission.

Conflicts of Interest

Disclosure language requiring the signer to identify any potential conflicts of interest affecting impartial competition or award decisions.

Certification of Accuracy

A clause that the information provided is true and complete to the best of the signer’s knowledge and that false statements may have legal consequences.

Authority Clause

A sentence confirming the signer has the authority to make the representation on behalf of the organization and bind it contractually.

Recordkeeping Acknowledgment

A note that the executed statement will be retained with procurement records for audit and regulatory compliance purposes.

Practical Tips for Reliable Statements

Use these best practices to reduce disputes and strengthen the evidentiary value of a signed anti‑collusion declaration.

Use Standardized Template
Adopt a single templated statement across procurements to ensure consistent language and reduce ambiguity for signers and reviewers.
Verify Signer Authority
Confirm signatory authority via corporate documents or verification prior to award to avoid post‑award challenges and potential rescission.
Record Attachment
Store the signed statement with the proposal package and make it available for auditors or procurement monitors.
Avoid Overbroad Warranties
Keep the statement narrowly focused on collusion and conflicts rather than broad guarantees that may increase liability exposure.

Timing: When to Provide the Statement

Anti‑collusion statements are typically submitted as part of the bid or proposal package; timing rules below clarify common schedules and obligations.

Submission Deadline:

Provide the executed statement with the initial bid or proposal submission.

Pre-Award Verification:

Procurement may request clarifications or re‑execution before award.

Post-Award Audit:

Retain statements for audit review after award for the period required by policy.

Request for Additional Info:

Respond within the timeframe set by procurement (typically days to weeks).

Retention Trigger:

Retention periods begin on award or project completion, depending on policy.

Key Milestones from Draft to Record

The following sequential milestones describe the lifecycle of the anti‑collusion statement within a standard procurement.

01

Prepare Statement

Draft and include project identifiers and required clauses.

02

Signer Review

Authorized representative reviews language and confirms facts.

03

Execute and Submit

Signer executes and the statement is submitted with bid.

04

Archive for Audit

Procurement archives the executed statement with the proposal file.

Digital Workflow Settings for Online Completion

Configure the electronic workflow so the statement is completed, authenticated, and archived consistently across solicitations.

Field Configuration
Template Locking Lock clause text to prevent signer edits
Required Fields Make signer name, title, date, and signature mandatory
Authentication Use email + SMS or stronger ID verification
Audit Trail Capture timestamps, IP, and signer actions

Digital Signing and Storage — Platform Considerations

Use a platform that preserves an audit trail, supports required authentication strength, and stores executed records securely.

  • File Formats: PDF and DOCX are standard for signed records
  • Integrations: Connectors to procurement systems and cloud storage
  • Authentication: Email, SMS code, KBA, or advanced signer verification

Sample eSignature Vendor Comparison for Executing Anti-Collusion Statements

This vendor snapshot compares common plan features relevant to executing, authenticating, and storing anti‑collusion statements; signNow is shown first for parity with platform-specific data.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions — Legal Anti-Collusion Statement

Answers to common legal and practical questions when preparing, signing, or storing an anti‑collusion statement in U.S. procurements.


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