Can an affidavit be signed electronically?

Yes. Electronic signatures meeting ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA requirements are generally enforceable, provided intent, consent, attribution, and record retention are demonstrable.

Is notarization always required?

Not always. Notarization depends on solicitation language and state rules. If a solicitation or state statute requires a notarized affidavit, obtain a notary or use approved Remote Online Notarization procedures where permitted.

What if a signer made an error?

Minor typographical errors usually require an amended affidavit or a signed correction. For substantive errors, execute a corrected sworn affidavit and retain both versions for audit trails.

Who may sign on behalf of a company?

An authorized executive or agent with authority to bind the organization should sign. Document the signer’s title and authority in procurement files to avoid later challenges.

Are witness signatures required?

Most procurement affidavits do not require witnesses, but some jurisdictions or solicitation forms may request witness attestations; follow the solicitation’s prescribed authentication method.

How long should I retain executed affidavits?

Retain affidavits according to agency and legal retention rules: commonly at least three years for tax-related records and up to six or more years for contracts and healthcare records.

Electronic Signature
Templates
Legal
Legal Non-Collusion Affidavit

Legal Non-Collusion Affidavit

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL NON-COLLUSION AFFIDAVIT

This Non-Collusion Affidavit is executed this day of , by Affiant: , whose principal business address is , (hereinafter "Affiant").

Recitals

WHEREAS, Affiant has submitted or intends to submit a Proposal, Bid, Quote or other offer in response to the procurement identified as Solicitation/Project Name: , Solicitation/Reference No.: ; and

WHEREAS, as part of the procurement process it is required that the Offeror execute a sworn non-collusion affidavit certifying that the bid or offer has been prepared independently and without collusion, and that the Offeror has not engaged in any conduct prohibited by applicable anti-collusion or bid-rigging laws; and

WHEREAS, Affiant acknowledges that false statements, material omissions, or collusive conduct may result in disqualification, civil liability, criminal prosecution, and forfeiture of any public contract awarded as a result of such bid or offer.

NOW, THEREFORE

In consideration of the opportunity to be considered for award under the referenced procurement, Affiant hereby declares, represents, and warrants under penalty of perjury as follows:

1. Definitions

For purposes of this Affidavit, "Affiliate" means any person or entity that directly or indirectly controls, is controlled by, or is under common control with Affiant; "Person" includes natural persons and entities; "Proposal" means any bid, offer, proposal, quotation or similar submission made by Affiant in connection with the procurement.

2. Non-Collusion Certification

Affiant certifies that the Proposal has been prepared without any agreement, communication, or discussion with any other Person relating to prices, terms, conditions, methods of bidding, allocation of markets, or any other matter that would constitute collusion or an unfair trade practice under applicable law. Affiant further certifies that no attempt has been made and no attempt will be made to induce any other Person to submit or not submit a Proposal.

3. Representations and Warranties

Affiant represents and warrants that: (a) Affiant is duly authorized to submit the Proposal and to execute this Affidavit on behalf of the legal entity identified herein; (b) all information provided in the Proposal and in this Affidavit is true, complete and accurate; and (c) Affiant has not engaged in any conduct that would create a conflict of interest with the procurement or that would violate any applicable statutory or common-law prohibition on collusion or bid manipulation.

4. Subcontractors and Agents

Affiant will not, directly or indirectly, employ any subcontractor, consultant, or agent to assist in the preparation or submission of the Proposal who has participated in collusive activities relating to the procurement. Affiant lists below all known subcontractors, agents, or consultants to be used in performance of the contract, if awarded:

5. No Gratuities; No Kickbacks

Affiant certifies that neither Affiant nor any of its Affiliates, officers, directors, partners, employees, agents, or representatives have given or will give any gratuity, kickback, or illicit payment in connection with the procurement or any resulting contract. Affiant acknowledges that offering or providing such payments may constitute a criminal offense and grounds for contract termination and other remedies.

6. Investigation and Cooperation

Affiant agrees to cooperate fully with any inquiry, audit, or investigation relating to alleged collusion, bid rigging, or fraudulent conduct, including providing documents, witnesses, and sworn testimony as reasonably requested. Failure to cooperate may be deemed a material breach of any contract awarded.

7. Remedies and Penalties

Affiant acknowledges that any violation of this Affidavit may result in remedies including, but not limited to: rejection of the Proposal, rescission or termination of any contract awarded, forfeiture of bid or performance bonds, monetary damages, and referral for civil or criminal prosecution to the fullest extent permitted by law.

8. Certification Under Oath

Affiant certifies under penalty of perjury under the laws of the jurisdiction governing the procurement that the statements contained in this Affidavit are true and correct. Affiant understands that a material misstatement may subject Affiant to criminal or civil penalties and disqualification from current and future procurements.

9. Notices

Any notice required under this Affidavit shall be in writing and delivered to the contact information provided by Affiant below or to the contracting authority address provided in the procurement documents.

Affiant Contact Person Affiant Contact Email Affiant Contact Phone

10. Governing Law; Entire Agreement; Severability

This Affidavit shall be governed by and construed in accordance with the laws of the state or jurisdiction governing the procurement. This Affidavit constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior representations and agreements. If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11. Amendments; Waiver; Counterparts

No amendment or waiver of any provision of this Affidavit shall be effective unless in writing and signed by both parties. Failure to enforce any provision shall not constitute a waiver of future enforcement. This Affidavit may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Acknowledgment

Affiant certifies by signature below that Affiant has read and understands the foregoing, that the facts set forth are true and correct to the best of Affiant's knowledge, and that Affiant is authorized to execute this Affidavit on behalf of the Affiant entity.

Affiant Printed Name:

By (Signature):

Title:

Date:

Contracting Party Printed Name:

By (Signature):

Title:

Date:

What the Legal Non-Collusion Affidavit Is

A Legal Non-Collusion Affidavit is a sworn statement used in procurement and contracting where a bidder or contractor certifies under penalty of perjury that it has not engaged in collusion, price-fixing, bid-rigging, or other anti-competitive behavior. The affidavit typically accompanies bids, proposals, or contract awards, and many agencies require notarization or other authentication. It creates a formal record for procurement review, supports administrative or criminal enforcement where misconduct is alleged, and helps contracting officers document vendor integrity during evaluation and award.

Why this Affidavit Matters for Procurement Integrity

A clear non-collusion affidavit documents a bidder’s independent conduct, deters coordinated misconduct, and reduces exposure to protests, contract rescission, and criminal liability. It provides contracting officers and auditors a signed record that can support compliance reviews and legal action if collusion is later alleged.

Who Typically Prepares and Reviews These Affidavits

Common users include procurement officers, contractors, legal counsel, and compliance teams who review bids and contracts.

Procurement officers who evaluate bids and verify compliance with solicitation terms.
Prime contractors submitting bids for public or private procurement opportunities.
Subcontractors required by prime contracts to attest to independent pricing.

Accurate affidavits simplify award decisions and reduce downstream legal risk for both buyers and bidders.

Representative Signers and Their Roles

Procurement Manager

Oversees solicitation compliance and evaluates non-collusion affidavits for irregularities. Uses the affidavit to document concerns, support award recommendations, and preserve a record for protests or audit responses that may follow contract awards.

General Contractor

Signs affidavits when submitting bids to public agencies or prime contractors to certify independent pricing and truthful disclosures. Relies on clear sworn statements to avoid debarment, contract termination, or sanctions stemming from collusion findings.

Security and Compliance Features to Consider

Encryption at rest: AES-256 encrypted storage

Encryption in transit: TLS 1.2 / TLS 1.3 transport

Audit trail: Time-stamped, IP-addressed events

Access controls: Role-based authentication, SSO

Regulatory certs: SOC 2 Type II, ISO 27001

PHI handling: HIPAA-compliant with BAA

Consequences of Incorrect or Misleading Affidavits

Contract termination: Possible cancellation of award

Debarment risk: Temporary or permanent suspension

Civil penalties: Monetary fines, damages claims

Criminal exposure: Prosecution for fraud or conspiracy

Bid protests: Increased likelihood of challenges

Reputational harm: Loss of trust and future work

Common Pitfalls to Avoid When Preparing the Affidavit

Using an incomplete legal name or abbreviation that does not match government identification can create attribution problems during review.
Failing to notarize where required leaves the affidavit functionally weaker and may render it noncompliant with solicitation terms.
Submitting a single affidavit that omits subcontractor attestations when required by the solicitation can trigger bid rejection.
Relying on unsigned PDF images or embedded images without an audit trail undermines evidentiary value during disputes.

Real-world Scenarios Where Non-Collusion Affidavits Matter

These short scenarios illustrate how affidavits are used in public and private procurement to document independence and support post-award review.

Municipal Construction Bid

A municipality required non-collusion affidavits with every bid to ensure fair competition and comply with procurement policy.

Prevented coordinated bid-rigging attempts during evaluation.
The affidavit supported an administrative inquiry; two bids were disqualified after investigation and the award went to a compliant vendor, while the written record reduced litigation risk and aided the city auditor.

Corporate IT RFP

A corporation asked all competing vendors for sworn non-collusion statements before shortlisting proposals.

Clarified pricing independence for each respondent.
Executed affidavits produced a clear audit trail, helping procurement counsel resolve a pricing discrepancy and demonstrating to stakeholders that award decisions were based on independent proposals.

Step-by-Step: Completing a Legal Non-Collusion Affidavit

Follow these sequential steps to complete the affidavit accurately and to preserve the document’s evidentiary value.

01

Identify parties: Enter full legal names for all signers and entities.
02

State certification: Declare absence of collusion, price-fixing, or illicit agreements.
03

Sign and date: All signers must sign and date in required format.
04

Notarize if required: Obtain a notary seal or other authentication per solicitation.

How the Affidavit Fits into Procurement Workflows

A concise process shows where the affidavit is collected, authenticated, and retained during bidding and award.

Preparation: Draft affidavit per solicitation language and include all parties.
Submission: Attach signed affidavit to the bid or upload to procurement portal.
Verification: Contracting officer reviews and requests clarification if needed.
Retention: Store executed affidavit with procurement records for audits.

Essential Sections to Include in a Professional Affidavit

A complete affidavit follows a predictable structure so signers understand obligations and agencies can assess compliance quickly.

Sworn statement

A clear declaration made under penalty of perjury that the signer and their organization did not engage in collusion or other anti-competitive conduct related to the solicitation, providing legal weight to the certification.

Scope of bid

A description identifying the specific solicitation, project, bid number, or contract to which the affidavit applies so there is no ambiguity about which award or proposal is being certified.

Corporate disclosure

Full legal business name, d/b/a names, and taxpayer identification where required, plus an authority line showing the signer’s role and capacity to bind the organization on the affidavit.

Subcontractor attestations

If required by the solicitation, separate attestations or a combined schedule listing subcontractors and their own non-collusion statements to ensure responsibility flows through the supply chain.

Signature and notarization

Signature block with printed name, title, date, and an area for notary acknowledgement or witness information when the jurisdiction or solicitation requires authentication.

Penalty and compliance clause

Language that explains consequences for false statements, references applicable statutes or solicitation clauses, and notes the affidavit is subject to agency review and possible sanctions.

Practical Tips for Accurate and Efficient Completion

Follow these best practices to minimize errors, speed review, and improve defensibility of the affidavit.

Use full legal entity names consistently

Enter the entity name exactly as registered; mismatched names can hinder verification, trigger identity questions, and complicate audits or enforcement actions.

Confirm signer authority before execution

Ensure the person signing has corporate authority to bind the organization and document that authority in procurement files to prevent later challenges to the affidavit's validity.

Follow solicitation language verbatim

Use the wording requested by the contracting agency when feasible; deviations may create grounds for technical rejection or permit challenges during award protests.

Retain a tamper-evident copy

Store an unalterable record (PDF with audit trail or notarized original) and keep it with solicitation records to support any future investigations or audits.

Key Milestones from Preparation through Retention

Track these milestones to ensure the affidavit is completed, submitted, and preserved at required stages of procurement.

01

Prepare affidavit

Draft and review before bid submission to avoid last-minute errors.

02

Attach to bid

Include the executed affidavit with the bid by the submission deadline.

03

Post-award review

Agency may request additional verification during evaluation or award.

04

Retain record

Keep affidavit for the agency’s retention period and potential audits.

Time-Sensitive Considerations and Typical Deadlines

Certain dates and windows matter for protests, audits, and enforcement after submission or award.

Bid submission deadline:

Affidavit must be submitted by the solicitation closing time.

Award announcement date:

May trigger protest windows for competing bidders.

Protest filing window:

Filing deadlines vary by agency and procurement rules.

Agency audit period:

Agencies may audit contracts within months or years after award.

Retention requirement start:

Retention typically begins on award date or contract execution.

How This Affidavit Compares to Similar Documents

Quick comparison of common documents used to confirm bidder independence and compliance during procurement.

Document Type Comparison	Legal Non-Collusion Affidavit	Certificate of Non-Collusion
Notarization required	varies by solicitation	varies by jurisdiction
Witnesses	usually none required	usually none required
Typical use	bids and contract awards	public procurement disclosures
eSignature allowed	often permitted	often permitted

eSignature Vendor Pricing Snapshot for Affidavit Workflows

Basic plan pricing and feature availability for platforms commonly used to collect signatures; signNow is listed first per vendor comparison requirements.

	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 trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes

Configuring an Online Affidavit Workflow

Common settings when building a digital affidavit workflow to support signers and reviewers.

Field	Configuration
Signer order	Sequential or parallel routing
Authentication	Email, SMS code, or stronger methods
Template reuse	Save as template for repeat solicitations
Automated reminders	Set frequency and expiry for reminders

Delivering and Storing Affidavits Electronically

Choose a platform that supports audit trails, common file formats, and required signer authentication.

Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
File formats: PDF, DOCX, and secured PDF/A exports
Authentication: Email link, SMS, KBA or advanced methods

Frequently Asked Questions About Legal Non-Collusion Affidavits

Answers to common questions about validity, notarization, e-signing, and correcting affidavits in procurement.

Need help? Contact support

Can an affidavit be signed electronically?
Yes. Electronic signatures meeting ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA requirements are generally enforceable, provided intent, consent, attribution, and record retention are demonstrable.
Is notarization always required?
Not always. Notarization depends on solicitation language and state rules. If a solicitation or state statute requires a notarized affidavit, obtain a notary or use approved Remote Online Notarization procedures where permitted.
What if a signer made an error?
Minor typographical errors usually require an amended affidavit or a signed correction. For substantive errors, execute a corrected sworn affidavit and retain both versions for audit trails.
Who may sign on behalf of a company?
An authorized executive or agent with authority to bind the organization should sign. Document the signer’s title and authority in procurement files to avoid later challenges.
Are witness signatures required?
Most procurement affidavits do not require witnesses, but some jurisdictions or solicitation forms may request witness attestations; follow the solicitation’s prescribed authentication method.
How long should I retain executed affidavits?
Retain affidavits according to agency and legal retention rules: commonly at least three years for tax-related records and up to six or more years for contracts and healthcare records.

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