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Affidavit of Non-Collusion by Prime Bidder

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What the Affidavit of Non-Collusion by Prime Bidder Is

The Affidavit of Non-Collusion by Prime Bidder is a sworn statement submitted with a procurement bid that affirms the prime contractor prepared the bid independently and without improper coordination with competitors, subcontractors, or public officials. The affidavit documents that pricing, terms, and bid strategy were not the result of bid rigging, price fixing, or other anti-competitive conduct. Many public agencies require this affidavit at submission to protect procurement integrity, support fair competition, and establish a record that can be relied on during award, audit, or protest processes.

Why this affidavit matters for public procurement

The affidavit helps contracting agencies verify competitive integrity and reduces procurement risk by creating a sworn record of independent bidding.

Who completes and relies on this affidavit

Typical users prepare, sign, or review the affidavit during the bid submission process.

• Prime contractors submitting proposals to public agencies and municipalities.
• Procurement officers and bid administrators who need assurance of competitive integrity.
• Legal counsel or compliance officers reviewing procurement documentation for regulatory risk.

Representative signer roles

Company Executive

The CEO or authorized officer often signs to bind the prime bidder and attest that senior management approved the affidavit and reviewed internal bid processes for compliance.

Authorized Agent

A designated contracting officer, legal counsel, or contracts manager may sign on behalf of the bidder when company delegation and authorization documentation are on file.

Required identification and bid fields

Bidder Name: Full legal name

Business Address: Street, city, state, ZIP

Project ID: Contract or solicitation number

Bid Amount: Numeric value with currency

Signer Title: Officer or agent role

Signature Date: MM/DD/YYYY

Common preparation pitfalls to avoid

• Using an informal or unsigned copy that lacks a notarized signature, which many public agencies will reject.
• Entering inconsistent bidder names or TINs between the affidavit and other bid forms, creating administrative hold-ups.
• Failing to obtain proper signatory authority or delegation documentation before submission, risking invalidation of the affidavit.
• Submitting a generic affidavit that omits project-specific details like solicitation number or bid amount, causing noncompliance.

Step-by-step: completing the affidavit

Follow these steps to complete, authenticate, and attach the Affidavit of Non-Collusion to your bid packet.

• 01
  Prepare Form: Download or obtain the agency's affidavit template and read instructions.
• 02
  Complete Fields: Fill bidder name, solicitation number, bid amount, and signer details.
• 03
  Sign and Notarize: Have the authorized signer execute before a notary or RON session if allowed.
• 04
  Attach to Bid: Include the executed affidavit with electronic or physical bid submission.

Where the affidavit goes after signing

Understand submission paths so the affidavit reaches procurement reviewers and becomes part of the official bid record.

• Electronic Bid Portal: Upload executed affidavit with attachments per portal instructions.
• Email Submission: Attach the signed affidavit to the official bid email if permitted.
• Physical Bid Package: Include a notarized original in sealed paper submissions.
• Agency Contract File: Procurement staff retain affidavit with solicitation folder for audit and protest periods.

Digital workflow settings for eSubmission

Configure your digital signing workflow to meet agency authentication and file-format requirements.

Field	Configuration
Authentication Method	Email link or SMS one-time passcode
File Format	PDF/A preferred for long-term records
Notary Mode	RON session or in-person notarization
Audit Trail	Capture IP, timestamp, and signer events

Digital signing and integration requirements

Verify platform capabilities before eSubmitting an affidavit to ensure acceptance and compliance.

• Authentication: Email, SMS code, or advanced ID checks
• Integrations: CRM and document storage connectors
• Formats: PDF, DOCX, and PDF/A support

Key timing considerations for the affidavit

Meet these timing requirements to avoid disqualification or administrative delay.

Bid Submission Deadline:

Affidavit due with initial bid package

Bid Opening Date:

Agency logs affidavit at opening

Post-Award Verification:

Agencies may request supplemental affidavits

Protest Window:

Keep affidavit on file during protest period

Record Retention Start:

Retention begins on award or final rejection

Milestones from drafting to long-term retention

A typical processing timeline covers execution, submission, award, and retention milestones.

01

Draft and Review

Prepare affidavit during bid compilation and verify accuracy.

02

Execution and Notarization

Signer executes and completes notary or RON process.

03

Attach and Submit

Include affidavit in electronic or physical bid package.

04

File Retention

Retain executed affidavit per agency retention policy.

How this affidavit compares with related declarations

Quick comparison of common procurement attestations to clarify when to use each document.

Criteria	Affidavit	Certificate
Notarization	often required	sometimes required
Witnesses	rarely needed	rarely needed
When Used	bid submission	limited certification uses
Legal Effect	sworn statement	administrative attestation

eSignature vendor comparison for affidavit execution

Cost and capability comparison for common eSignature providers to help plan affidavit execution and notarization workflows.

	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	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Best practices for accurate and compliant affidavits

Follow these proven practices to reduce processing friction and legal exposure.

Complete Solicitation Details

Always include the solicitation number, project title, and bid amount to link the affidavit to the correct procurement.

Verify Signatory Authority

Confirm the signer is authorized in corporate records or has a written delegation to bind the bidder.

Use Acceptable Authentication

Where permitted, use approved remote notarization or multi-factor authentication for stronger signer attribution.

Keep Audit Records

Retain the signed affidavit, notarization certificate, and the platform audit trail for the full retention period.

Practical examples of affidavit use in bids

Two concise scenarios show how the affidavit is used in different procurement contexts.

Municipal Construction Bid

A prime contractor attaches the affidavit to a public works bid to certify independent pricing

• The contracting officer verifies the affidavit at opening
• The affidavit provided clear evidence during a subsequent bid protest and supported award confirmation.

State IT Services RFP

A technology firm signs the affidavit and submits it with electronic attachments

• The agency accepted a RON-notarized affidavit
• The digital audit trail simplified vendor vetting and retained a searchable compliance record.

Frequently asked questions about the affidavit

Answers to common questions about necessity, authentication, and recordkeeping for the Affidavit of Non-Collusion by Prime Bidder.

Need help? Contact support

• Is this affidavit always required?
  Requirement depends on agency and solicitation. Many public procurement solicitations explicitly require a non-collusion affidavit at bid submission; review the solicitation instructions for mandatory attachments.
• Can the affidavit be signed electronically?
  Yes, electronic signatures are generally valid under federal ESIGN and state UETA laws where not expressly excluded; agencies may specify allowed authentication and notarization methods.
• Do I need notarization or witnesses?
  Some agencies require notarization; witness requirements vary by state and agency. Confirm solicitation instructions and state notary rules before submitting.
• What happens if the affidavit is incorrect?
  Incorrect or misleading affidavits can lead to bid rejection, contract rescission, civil penalties, or debarment proceedings depending on the severity and governing procurement rules.
• How should I store executed affidavits?
  Retain executed affidavits and supporting audit trails per agency retention policies; keep originals or certified copies readily accessible for audits and protests.
• Can an affidavit be revised after submission?
  Revisions after submission are usually restricted. If errors are discovered, notify the procuring agency immediately and follow its procedures for amendments or supplemental filings.

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