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Non-Collusion Agreement Form

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Non-Collusion Agreement Form

This Non-Collusion Agreement ("Agreement") is made effective as of by and between Principal: , an entity of type with principal place of business at (hereinafter "Party A"), and Contractor: , an entity of type with principal place of business at (hereinafter "Party B"). Party A and Party B are each a "Party" and collectively the "Parties."

RECITALS

WHEREAS, Party A has solicited bids or proposals in connection with the project or procurement described as (the "Project"); and

WHEREAS, Party B has submitted or may submit a bid, proposal, quote, or other offer identified by Contract/Reference Number: and Bid Amount: ; and

WHEREAS, the Parties desire to confirm that any submission, negotiation and resulting contract shall be free from collusive practices, bid rigging, market allocation, or other improper conduct that would undermine fair competition.

NOW, THEREFORE

In consideration of the mutual covenants and for 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 Agreement, the following terms shall have the meanings set forth below. "Collusion" means any agreement, arrangement, or coordinated activity, whether explicit or implicit, between two or more persons or entities that restricts competition, including but not limited to bid rigging, price fixing, market or customer allocation, or the submission of complementary or noncompetitive bids.

2. CERTIFICATION OF NON-COLLUSION

Each Party hereby certifies, represents and warrants that, to the best of its knowledge and belief: (a) it has not and will not engage in Collusion in connection with the Project; (b) it has not communicated, nor will it communicate, any bid, proposal, pricing, cost, or other competitive information regarding the Project with any competitor except as permitted by law; and (c) it has not entered into, nor will it enter into, any agreement to divide markets, rig bids, or otherwise restrict competition in connection with the Project.

3. PROHIBITED CONDUCT

Prohibited conduct includes without limitation: direct or indirect communications with competitors concerning bids or proposals; agreement to refrain from bidding; assignment of bid winners or losers; submission of sham or complementary bids; and any conduct intended to distort or manipulate the competitive process. Any such conduct shall be a material breach of this Agreement.

4. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that: it has full authority to enter into this Agreement; the persons executing this Agreement on its behalf are duly authorized; and the execution, delivery and performance of this Agreement will not violate any law, rule, or contractual obligation to which the Party is subject.

5. REMEDIES AND ENFORCEMENT

In the event of a breach of this Agreement, the non-breaching Party shall be entitled to all available legal and equitable remedies, including specific performance and injunctive relief, without the necessity of posting a bond. Damages for a breach shall include, but not be limited to, the costs of re-solicitation, investigation, attorneys' fees, and any other consequential losses directly attributable to the breach.

6. INDEMNIFICATION

Each Party (the "Indemnitor") shall indemnify, defend and hold harmless the other Party (the "Indemnitee") from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from a breach of the Indemnitor's certifications, warranties or obligations under this Agreement, including any unlawful collusive conduct.

7. AUDIT AND RECORDS

Each Party agrees to maintain accurate books and records relating to its bids, proposals, communications and compliance with this Agreement for a period of not less than three (3) years following the final decision or award. Upon reasonable notice, either Party shall have the right to audit relevant records and interview personnel solely for the purpose of verifying compliance with this Agreement.

8. CONFIDENTIALITY

Except as required by law, the Parties shall not disclose confidential bidding strategies or proprietary information obtained in the course of the procurement. This paragraph shall not be construed to permit disclosure of information that would constitute Collusion.

9. NOTICES

Notice Address for Party A

Notice Address for Party B

Notices shall be in writing and shall be deemed given upon personal delivery, on the date of confirmed delivery by commercial courier, or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, addressed as set forth above, or to such other address as a Party may designate by written notice in accordance with this Section.

10. AMENDMENTS

No amendment, modification or waiver of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both Parties.

11. WAIVER

Failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state identified as Governing State: without regard to choice-of-law principles that would result in the application of the laws of another jurisdiction.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral, relating to non-collusion and the Project.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intent of the Parties to the fullest extent permitted by law.

15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic image or other reproduction shall be binding.

ADDITIONAL INFORMATION

Disclosure of Known Conflicts or Collusive Contacts (if none, state "None")

The Parties acknowledge that the certifications contained in this Agreement are material and that false certifications may subject the certifying Party to civil or criminal penalties under applicable law, in addition to any contractual remedies.

Party A

Party Label:

By:

Date:

Party B

Party Label:

By:

Date:

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What the Non-Collusion Agreement Form Is

A Non-Collusion Agreement Form is a bidder’s certification used in procurement and contracting to confirm that the submitting party did not engage in bid rigging, price fixing, or other collusive behavior. Governments and private buyers commonly require this signed statement with bids or proposals to protect competitive integrity, document independent pricing, and establish a record for compliance reviews. The form typically identifies parties, the particular solicitation or contract, a clear non-collusion statement, and signatures. Proper completion helps the procuring authority evaluate bids and creates an enforceable record of the bidder’s representations and warranties.

Why this Form Matters to Procurement and Compliance

The Non-Collusion Agreement Form deters anticompetitive conduct, helps meet procurement rules, and creates contractual proof of independent bidding. It supports auditability and reduces legal and financial exposure for both buyers and bidders when disputes or investigations arise.

Why this Form Matters to Procurement and Compliance

Who Typically Prepares and Signs This Form

Agencies, contracting officers, and procurement teams require the form; bidders and their legal/compliance representatives complete and sign it before bid submission.

  • Government procurement officials verifying bid integrity and documentation during solicitation evaluation.
  • Prime contractors and subcontractors certifying that pricing and proposals were developed independently.
  • Legal and compliance teams ensuring contractual safeguards and responding to audit or inquiry requests.

The form serves both as preventive compliance documentation and as a record used in post-award reviews or investigations.

Roles With Authority to Sign

Procurement Manager

A procurement manager or contracting officer signs when the entity is the buying authority; they attach the form to solicitation files and ensure format and execution meet agency rules and audit requirements.

Authorized Signer

An authorized corporate signer—such as CEO, CFO, or contract administrator—signs for bidders, confirming corporate authority, verifying factual statements, and accepting contractual liability for misrepresentation.

Core Sections to Include in a Professional Form

A professional Non-Collusion Agreement Form is concise, clearly dated, and structured so each bidder can supply identifying details, a plain non-collusion certification, and a signature block with authority confirmation.

Covering Clause

A short header tying the certification to a specific solicitation or contract number, ensuring the statement applies to the exact procurement event and prevents ambiguity about scope or period.

Bidder Identity

Full legal name, business structure, address, and taxonomy (prime/sub) so the certificate clearly identifies which legal entity is making the representation.

Non-Collusion Statement

A plain-language declaration that pricing, bids, or proposals were prepared without communication, agreement, or collusion with competitors, accompanied by signature-space for affirmation.

Representations

Additional warranties about the accuracy of submitted information, disclosure of related parties, and affirmation that no contingent agreements influence bid terms.

Signature Block

Space for printed name, title, authorized signature, date, and contact information to attribute execution to a responsible officer of the bidding entity.

Penalty Notice

A brief advisory describing potential civil, administrative, or contract-level consequences for false statements or collusion, reinforcing legal seriousness.

Essential Data Fields to Capture

Bidder Name: Full legal name
Business Address: Street, city, state ZIP
Solicitation ID: RFP or bid number
Bid Amount: Numeric total offered
Authorized Signer: Printed name and title
Execution Date: MM/DD/YYYY format

Step-by-Step: Completing the Non-Collusion Agreement

Follow these steps in order to ensure the form is complete, attributable, and acceptable to procurement staff.

  • 01
    Identify solicitation: Confirm the exact RFP or bid number.
  • 02
    Enter bidder details: Fill legal name, address, and EIN accurately.
  • 03
    Certify independence: Confirm no collusion and check the certification box.
  • 04
    Sign and date: Authorized officer signs and dates in MM/DD/YYYY.

Configuring an Online Completion Workflow

Set up the digital workflow so each signer receives the correct fields, authentication, and a retained audit trail for compliance.

Signer Assignment Assign primary signer and optional review-only recipients.
Authentication Level Choose email link, SMS code, or KBA per procurement rules.
Template Use Save a reusable template tied to solicitation ID.
Conditional Fields Show extra fields only when needed (subcontractor info).
Retention Settings Auto-save signed copies to compliant secure storage.

Technical Considerations for Digital Submission

Ensure the eSignature platform supports required authentication, audit trails, and secure storage before accepting electronically signed attestations.

  • File Formats: PDF and DOCX accepted
  • Integrations: Connect with procurement systems
  • Security: TLS and AES-256 encryption

Confirm the platform complies with ESIGN/UETA requirements and agency policies, and that signed records are exportable for audits and long-term retention.

Typical Digital Signing Flow for This Form

A common eSubmission workflow reduces errors and preserves an evidentiary audit trail for procurement review and later verification.

  • Upload Form: Attach form to the signing workflow.
  • Place Fields: Add signature, date, and text inputs.
  • Authenticate Signer: Use chosen verification method.
  • Complete and Store: Deliver signed copy and archive audit trail.

Common Mistakes to Avoid

  • Using a trade name instead of the legal entity name, which prevents matching to corporate registration records and can delay award and payment.
  • Allowing an unauthorized person to sign or failing to capture a printed name and title, creating questions about authority and enforceability.
  • Submitting an undated or post-dated certificate that does not clearly tie to the bid period, which may lead to rejection of the bid.
  • Failing to attach the certificate to the specific solicitation or using the wrong solicitation number, which severs the link between bid and certification.

Consequences of an Incorrect or False Certification

Bid Disqualification: Immediate removal from award consideration
Contract Termination: Cancellation of awarded contracts
Debarment: Temporary or permanent debarment from future contracts
Civil Liability: Monetary damages or restitution claims
Criminal Exposure: Potential criminal charges for fraud
Reputational Harm: Long-term loss of market trust

Comparing eSignature Providers for Non-Collusion Form Workflows

Platform pricing and feature differences affect bulk submissions, compliance features, and long-term storage. The table compares core items with signNow listed first.

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 Varies Varies Varies
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

Practical Examples from Real Organizations

Organizations across sectors have streamlined procurement by using digital Non-Collusion Agreement Forms and retaining secure audit trails.

Optica Ventures — COO

Optica integrated online attestation into bid workflows to reduce manual handling.

  • Streamlined vendor onboarding and confirmations.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Martin Properties — Founder

A property manager replaced paper attestations with electronic copies tied to each offer.

  • Faster collection of executed forms.
  • "I can process and execute all of these documents online with 100% compliance and built-in security."

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates, verify signer authority, and preserve signed records with clear indexing to improve compliance and reduce disputes.

Use a standard template
Maintain a single, agency-approved template to eliminate variations that create ambiguity and increase review time during evaluations.
Verify signer authority
Confirm signer's corporate authority before submission; request a board resolution or agency-specific power-of-attorney when necessary.
Retain audit trails
Store signed PDFs with accompanying audit data—timestamps, IP, and authentication method—to support post-award reviews or investigations.
Log linkage to solicitation
Index signed certificates to solicitation IDs and procurement records so reviewers can quickly confirm compliance during audits.

Timing and Submission Expectations

Observe procurement timelines: submit the completed Non-Collusion Agreement by the solicitation deadline and follow any agency-specific submission instructions.

With Bid Submission:

Attach and submit by bid closing time

Post-Award Requests:

Respond promptly to any agency follow-up requests

Notarization Window:

Complete notarizations within specified bid period when required

Retention Start:

Retention begins on execution date

Late Submissions:

Late or missing certificates often invalidate bids

Frequently Asked Questions About the Form

Answers to frequent user questions about completion, e-signature validity, notarization, and handling of disputes related to the Non-Collusion Agreement Form.


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