Can this be e-signed?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent, attribution, and record retention.

Is notarization required?

Not always. Follow the solicitation or statutory rule. If a notarized signature is requested, use in-person notarization or RON where state law permits and keep required recordings or journals.

What if the signer lacks authority?

Attach a corporate resolution or power of attorney showing delegated signing authority. Without proof, the contracting agency may reject the submission or require cure.

How long keep the certificate?

Retain executed certificates per agency policy and applicable law; IRS records minimum is 3 years (IRC §6501(a)), and HIPAA requires 6 years (45 CFR §164.530(j)) where relevant.

Can I correct a signed certificate?

Corrections after signing typically require a new execution or an agreed amendment signed and dated by the same authorized signer; follow agency cure procedures if available.

What about identity verification?

Use the authentication method required by the solicitation; stronger methods (KBA, multi-factor, ID credential analysis) improve evidentiary weight for contested procurements.

Electronic Signature
Templates
Legal
Legal Non-Collusion Certificate

Legal Non-Collusion Certificate

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LEGAL NON-COLLUSION CERTIFICATE

This Non-Collusion Certificate (the "Certificate") is made and entered into as of Date: by and between Owner Name: with principal place of business at Owner Address: (hereinafter "Owner"), and Contractor Name: with principal place of business at Contractor Address: (hereinafter "Contractor").

RECITALS

WHEREAS, Owner has issued a solicitation identified as Solicitation No.: for the procurement described as Project: ; and

WHEREAS, Owner requires that each proposer or bidder deliver a sworn certificate that the submitted proposal or bid is genuine, not collusive or sham, and that no undue influence, fraud, or corrupt practices have been used in connection with its preparation or submission.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the parties agree as follows:

1. CERTIFICATION OF NON-COLLUSION

Contractor hereby certifies, represents and warrants that: (a) the Proposal or Bid submitted in response to Owner's solicitation was prepared and submitted without any agreement, arrangement, communication, or understanding with any competitor or potential competitor for the purpose of restricting competition; (b) no attempt has been made by Contractor to induce any person or entity to submit or refrain from submitting a proposal or bid; and (c) the price(s) and other terms quoted are genuine, fair and made without collusion or fraud.

2. NO GRATUITIES, KICKBACKS OR CONTINGENT FEES

Contractor further certifies that it has not paid, given, or agreed to pay or give, directly or indirectly, any commission, fee, rebate, gift or other thing of value to any employee, official or representative of Owner or to any other party, contingent upon the award of this contract. Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee.

3. CONFLICTS AND DISCLOSURES

Contractor affirms that to the best of its knowledge, no officer, partner, director, or employee of Contractor is an officer or employee of Owner, nor has any such person a financial interest in Contractor's business that would create an actual or apparent conflict of interest. Contractor shall promptly disclose in writing to Owner any circumstance arising after execution of this Certificate that would reasonably be expected to constitute a conflict of interest or permit collusive conduct.

4. SUBCONTRACTORS AND AGENTS

Contractor warrants that it has no agreement or arrangement with any subcontractor, supplier, or agent which would constitute or facilitate collusion in the preparation or submission of the Proposal or Bid. Contractor shall ensure that all subcontractors and agents engaged in performance of any resulting contract shall comply with the applicable provisions of this Certificate.

5. REMEDIES FOR BREACH

In the event Owner determines that Contractor's certification is false or misleading in any material respect, Owner may, in addition to any other remedies available at law or in equity: (a) reject Contractor's Proposal or Bid; (b) terminate any contract awarded to Contractor for default; and (c) recover any sums paid under such contract. Contractor acknowledges that damages for collusion may be difficult to ascertain and that Owner's remedies may include injunctive relief and recovery of costs and attorney fees.

6. TERM; CONTINUING OBLIGATION

The representations and warranties made in this Certificate shall survive the submission of any Proposal or Bid and, if a contract is awarded, shall survive termination or expiration of that contract for the period necessary to enforce any rights or remedies arising from a breach of this Certificate.

7. NOTICES

Any notice required or permitted under this Certificate shall be in writing and shall be delivered to the addresses set forth below or to such other address as a party may designate by written notice in accordance with this section.

Owner Notice Address Contractor Notice Address

8. AMENDMENT; WAIVER; COUNTERPARTS

This Certificate may be amended only by a writing signed by both parties. No failure or delay by Owner in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise of a right preclude any other or further exercise of that right. This Certificate may be executed in counterparts, each of which shall be deemed an original.

9. GOVERNING LAW

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

10. ENTIRE AGREEMENT; SEVERABILITY

This Certificate contains the entire understanding of the parties with respect to the subject matter hereof. If any provision of this Certificate is held invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

11. REPRESENTATIVE AUTHORITY

Each individual signing below represents and warrants that he or she is duly authorized to execute this Certificate on behalf of the party for whom he or she signs and to bind such party to the terms hereof.

Additional Comments or Disclosures

Entity Type — Contractor

Corporation LLC Partnership Sole Proprietorship

Certification of Truthfulness

UNDER PENALTIES OF PERJURY, the undersigned certifies that the facts set forth in this Certificate are true and correct, that the Certificate was executed knowingly and voluntarily, and that the signer is authorized to make these certifications and representations on behalf of the entity identified.

Owner:

By:

Date:

Title:

Contractor:

By:

Date:

Title:

What the Legal Non-Collusion Certificate Is and When It Applies

A Legal Non-Collusion Certificate is a signed declaration submitted with competitive bids or contract proposals stating that the bidder has not engaged in collusion, price-fixing, or other anti-competitive conduct with competitors, subcontractors, or public officials. It identifies the bid or solicitation, names the submitting party, and contains an explicit certification under penalty of law. Many public-sector solicitations require this certificate as part of compliance and audit records. When executed electronically, the certificate must meet ESIGN and applicable state UETA/ESRA requirements to ensure enforceability and admissibility.

Why a Clear Non-Collusion Certificate Matters

A complete certificate protects the integrity of the procurement process, reduces exposure to bid protests and debarment, and documents compliance for auditors and regulators. It creates a clear, attributable record that the bidder attests to independent pricing and fair competition.

Which Parties Typically Complete and Sign This Certificate

The certificate is completed by the bidding company or contractor and signed by an authorized officer, agent, or attorney-in-fact who can legally bind the organization.

Prime contractors and subcontractors submitting bids or proposals under public procurement rules.
Corporate officers or authorized signers with legal authority to bind the company.
Government procurement officials and contract administrators who collect and review submission packages.

Procurement officers, contracting departments, and compliance teams rely on the certificate to verify integrity and to include the executed form in the contract award file.

Typical Signers and Their Roles

Authorized Signer

An officer or agent listed in corporate records who signs on behalf of the bidder. This person confirms factual statements and agrees that the organization will comply with procurement rules; a mismatch in authority may invalidate the submission and expose the signer to personal liability.

Notary Public

Where required, a notary verifies the signer’s identity and capacity. A proper notarization or remote online notarization provides an additional authentication layer and helps preserve evidentiary value for enforcement or audit proceedings.

Core Elements to Include in a Professional Certificate

A usable certificate contains standardized identification, a clear certification statement, signer details, and authentication elements so it can be relied on by procurement and compliance reviewers.

Document Header

Project or solicitation identifier, procurement agency name, and bid number so the certificate links unambiguously to a single proposal or contract.

Certification Text

A concise declarative statement that the bidder has not colluded, fixed prices, or engaged in bid-rigging with other parties, and that the submission is made in good faith under penalty of law.

Party Identification

Full legal name of the submitting entity, business form (LLC, corporation), address, and contact information to avoid ambiguity in enforcement or correspondence.

Authorized Signer

Name, title, and printed name of the individual signing; include corporate authority language and reference to a resolution if required by the solicitation.

Signature Block

Signature line(s) and printed name, plus date fields. For electronic uses, include e-signature attribution metadata and statement of intent to sign electronically.

Authentication

Notary acknowledgement or witness lines where required by procurement rules; for remote notarization follow applicable RON requirements and retain recording if mandated.

Step-by-Step: Prepare, Sign, and Submit the Certificate

Follow these sequential steps to reduce errors and ensure the certificate is accepted with your bid or proposal.

01

1. Gather documents: Collect solicitation, corporate records, and signer ID.
02

2. Complete fields: Enter required information exactly and double-check identifiers.
03

3. Authenticate signatures: Sign in presence of notary or use approved e-sign method.
04

4. Submit with bid: Include certificate in the submission package and retain copies.

Where and How to File or Deliver the Completed Certificate

The proper destination depends on the solicitation instructions; follow the procuring agency’s submission rules for format, delivery method, and deadline.

Procurement Portal: Upload with the bid response where the solicitation requires electronic submissions.
Mail or Courier: Include a hard copy inside the sealed package when physical delivery is specified.
Email Attachments: Send only when the solicitation permits email submission and file types requested are followed.
Retention Copy: Keep signed copies for your records and for audit responses.

Configuring an Online Workflow to Complete the Certificate

Set up digital fields, signer roles, and authentication to match procurement requirements and to preserve a complete audit trail.

Field Mapping	Place text, date, and signature fields aligned to the certificate layout.
Signer Order	Define the sequence if multiple signers or countersignatures are required.
Authentication	Choose email, SMS code, or stronger ID verification per solicitation rules.
Notifications	Enable reminders and completion notifications for internal tracking.
Audit Trail	Capture timestamps, IP addresses, and signer attribution for evidentiary support.

Technical and Integration Considerations for eSigning

Verify the platform logs, audit trails, and retention capabilities meet solicitation and legal evidence standards before relying on electronic execution.

Integration: Connectors for systems like Salesforce, NetSuite, and Microsoft 365 streamline document assembly and filing.
File Formats: Accept PDF and DOCX for portability and to preserve layout for signatures.
Authentication: Support for email, SMS, and advanced identity checks improves trust and admissibility.

Common Timing and Deadline Considerations

Observe solicitation deadlines closely and confirm any pre-submission requirements, such as notarization or witnessing, before the closing date.

Submission Deadline:

Follow the exact calendar date and time stated in the solicitation; late certificates may lead to bid rejection.

Notarization Timing:

Complete notarization prior to submission if the solicitation requires a notarized certificate.

Correction Window:

Some agencies allow clerical corrections within a set period; check the solicitation for allowed cure periods.

Record Retention:

Keep executed copies for the retention period required by the contracting agency or law.

Post-Award Review:

Contracts are subject to post-award compliance checks; maintain evidence of execution and authority.

Common Preparation and Submission Pitfalls

Using a trade or DBA instead of the legal entity name, which can cause mismatches during vendor verification and payment setup.
Failing to notarize when solicitation requires notarization or RON, resulting in disqualification or requests for cure.
Signing by an unauthorized individual without a corporate resolution, which may void the certificate and delay award.
Submitting inconsistent dates or omission of the solicitation identifier, producing ambiguity during procurement review.

Potential Consequences of an Incorrect or False Certificate

Bid Disqualification: Immediate rejection of the proposal

Civil Penalties: Monetary fines and damages

Criminal Liability: Possible prosecution for fraud

Contract Rescission: Voidance of awarded contracts

Debarment: Removal from future procurement opportunities

Reputational Harm: Long-term loss of trust with agencies

Real-World Examples of Non-Collusion Certificates in Use

These brief examples show how certificates are applied across procurement scenarios and why clear execution matters.

Public Works Bid

A municipal water authority required a certificate for each bid

Contractor included notarized certificate
The clear documentation prevented a post-award protest and proved compliance during audit.

State IT Contract

A state RFP required electronic submission with signer authentication

Vendor used verified e-sign with audit trail
The digital record satisfied the agency’s legal and procurement review without needing a paper backup.

Comparing eSignature Vendors for Certificate Execution and Retention

Key vendor features and starting prices affect cost, compliance, and scale. signNow is listed first per platform comparison convention.

	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 and Troubleshooting

Answers to common execution, authentication, and retention questions to help avoid processing delays and maintain legal enforceability.

Need help? Contact support

Can this be e-signed?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent, attribution, and record retention.
Is notarization required?
Not always. Follow the solicitation or statutory rule. If a notarized signature is requested, use in-person notarization or RON where state law permits and keep required recordings or journals.
What if the signer lacks authority?
Attach a corporate resolution or power of attorney showing delegated signing authority. Without proof, the contracting agency may reject the submission or require cure.
How long keep the certificate?
Retain executed certificates per agency policy and applicable law; IRS records minimum is 3 years (IRC §6501(a)), and HIPAA requires 6 years (45 CFR §164.530(j)) where relevant.
Can I correct a signed certificate?
Corrections after signing typically require a new execution or an agreed amendment signed and dated by the same authorized signer; follow agency cure procedures if available.
What about identity verification?
Use the authentication method required by the solicitation; stronger methods (KBA, multi-factor, ID credential analysis) improve evidentiary weight for contested procurements.

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