Is notarization required?

Not typically required unless the solicitation or state law mandates it; contracting authorities may request notarized affidavits in high-risk procurements. Always follow solicitation instructions and, when in doubt, confirm with the contracting officer before submitting the bid.

Can the form be electronically signed?

Yes. Electronic signatures satisfy requirements under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention are demonstrable. Confirm any additional authentication required by the solicitation.

What if names or dates are incorrect?

Incorrect names or dates can invalidate the certification. Submit a corrected form or amendment per solicitation procedures and notify the contracting officer promptly. Corrections may require re-signing or notarization depending on procurement rules.

Who must sign the certification?

An authorized representative with authority to bind the entity must sign and provide a printed name and title. Some solicitations require a corporate officer signature, power of attorney, or delegated official—verify signature authority with procurement rules.

How should subcontractors be disclosed?

List subcontractors that materially participated in proposal preparation and describe their roles. Failure to disclose relevant subcontractors can lead to remedial actions; include subcontractor certifications when requested by the solicitation.

What happens after the form is submitted?

The contracting officer reviews certifications for completeness and may request clarification, supporting evidence, or initiate an inquiry for suspected collusion. Failure to respond can result in bid rejection, remedies, or administrative sanctions including debarment.

Electronic Signature
Templates
Legal
Non-Collusion Certification Form

Non-Collusion Certification Form

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

Non-Collusion Certification Form

This Non-Collusion Certification Form is made as of by and between Contractor Name: and Procuring Entity Name: (each a "Party" and together the "Parties").

RECITALS

WHEREAS, Procuring Entity intends to solicit proposals or bids for procurement identified as Procurement Reference No.: ; and

WHEREAS, Contractor desires to submit a proposal or bid in connection with that procurement and acknowledges that submission of a proposal requires execution of a good faith non-collusion certification; and

WHEREAS, Procuring Entity requires that all prospective contractors executing such procurement certify that they have not engaged in prohibited collusive conduct in the preparation or submission of their bid or proposal.

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

1. CERTIFICATION OF NON-COLLUSION

Contractor hereby certifies that, to the best of its knowledge and belief, the price or pricing components of its bid or proposal were arrived at independently, without collusion, consultation, communication, or agreement, directly or indirectly, with any competitor or potential competitor for the purpose of restricting competition, fixing prices, or allocating markets, territories, or customers.

2. PROHIBITED CONDUCT

Contractor affirms that it has not, and will not, directly or indirectly: (a) engage in bid rigging, price fixing, or bid rotation; (b) communicate bid prices with competitors prior to bid submission; (c) submit sham or collusive bids; or (d) offer or accept kickbacks, bribes, or improper gratuities in connection with the procurement for which this certification is made.

3. REPRESENTATIONS AND WARRANTIES

Contractor represents and warrants that: (a) it has full authority to execute this certification; (b) the person signing this certification on behalf of Contractor is authorized to bind Contractor; and (c) all information contained in this certification and any bid or proposal submitted in connection with the procurement is true, complete, and accurate to the best of Contractor's knowledge.

4. DISCLOSURE OF RELATIONSHIPS

Contractor shall disclose any actual or potential conflict of interest, familial or business relationship with an official, officer, or employee of Procuring Entity, or any vendor, consultant, or subcontractor that may reasonably be expected to affect Contractor's impartiality. If none, Contractor affirms there are no such relationships known to it as of the date of this certification.

If applicable, describe known relationships or conflicts:

5. COMPLIANCE WITH LAWS

Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, and procurement rules, including but not limited to laws prohibiting fraud, bribery, and corrupt practices. Contractor acknowledges that false statements contained in this certification are punishable under applicable law.

6. REMEDIES AND PENALTIES

Contractor acknowledges that, in the event of a material misrepresentation or violation of this certification, Procuring Entity may, at its option, reject the bid or proposal, terminate any resulting contract for cause, recover damages, withhold payments, suspend or debar Contractor from future procurements, and pursue any other remedies available at law or in equity.

7. DURATION

The certifications and obligations in this document shall remain in effect for the duration of the procurement process and any resulting contractual relationship unless otherwise terminated in writing by mutual agreement of the Parties.

8. NOTICES

Any notice required or permitted under this certification shall be in writing and delivered to the address specified below for each Party and shall be deemed given when delivered personally, sent by certified mail, or delivered by overnight courier.

Contractor Address Procuring Entity Address Contractor Contact Person Contractor Telephone Contractor Email

9. ENTITY TYPE

Indicate the Contractor's legal form of organization:

Individual Corporation Limited Liability Company (LLC) Partnership Other

If Other, describe entity type

10. ENTIRE AGREEMENT; SEVERABILITY; GOVERNING LAW

This certification constitutes the entire agreement between the Parties with respect to the subject matter hereof. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This certification shall be governed by and construed in accordance with the laws of the state identified by Procuring Entity for the procurement, without regard to conflict of law principles.

11. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or waiver of any provision shall be valid unless in writing and signed by both Parties. Waiver of any breach shall not constitute waiver of any other breach. This certification may be executed in counterparts, each of which shall be deemed an original and together constitute one instrument.

12. ACKNOWLEDGMENT

By signing below, Contractor certifies under penalty of perjury that the foregoing statements are true and correct and that the signatory is authorized to bind the Contractor. Contractor acknowledges that any false statement may subject Contractor to civil and criminal remedies and actions.

Contractor:

By:

Date:

Procuring Entity:

By:

Date:

What the Non-Collusion Certification Form Is

Non-Collusion Certification Form is a signed statement, typically submitted with a bid or proposal, in which an offeror affirms that pricing and terms were developed independently and without agreement with competitors. The form confirms the bidder has not engaged in price-fixing, bid-rigging, or other collusive conduct and that no undisclosed subcontractor or agent has influenced the bid. Agencies and contracting entities use the certification to evaluate procurement integrity and to document compliance with federal and state procurement laws and antitrust regulations.

Why the Certification Matters for Procurement Integrity

Completing a Non-Collusion Certification Form protects procurement fairness, reduces legal risk, and provides verifiable evidence of independent pricing. It assists contracting officers in award decisions and can deter bid fraud by creating a signed record subject to civil and criminal penalties under antitrust and procurement statutes.

Who Typically Completes or Requests This Form

The following parties commonly complete or request Non-Collusion Certification Forms during procurement and contracting processes.

Prime contractors submitting bids for government or private procurements and contracts.
Subcontractors certifying independence from competitors and influence on proposals submitted.
Procurement officers and contracting attorneys who require documentation of bid integrity.

Use these role descriptions to assign responsibility for completion, review, and retention before and after award.

Representative Signers and Reviewers

Procurement Manager

Responsible for issuing solicitation documents and verifying receipt of non-collusion certifications. Reviews each certification for completeness and may require notarization or additional evidence of independent pricing when irregularities or unusually low bids are detected.

Company Executive

Executive authorized to bind the company who signs the certification. Ensures internal pricing strategies and communications comply with anti-collusion obligations and documents any third-party discussions that could be construed as influencing the bid.

Security and Record Elements to Preserve

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamp, IP, action history preserved

HIPAA BAA: BAA available for covered workflows

Access Controls: Role-based permissions and SSO support

Retention: Secure storage with configurable retention policies

Authentication: SMS, email, or advanced multi-factor options

Consequences of an Incorrect or Misleading Certification

Bid Rejection: Disqualification from award

Contract Forfeiture: Loss of contract rights

Civil Penalties: Monetary damages and fines

Criminal Liability: Possible prosecution under antitrust laws

Tax Withholding: Backup withholding triggered

Debarment: Ineligibility for future contracts

Common Preparation Errors to Avoid

Using unsigned or incomplete certifications lacking the signatory's printed name and title undermines enforceability and prompts requests for corrective documentation.
Failing to disclose subcontractor arrangements or joint ventures can create the appearance of collusion and lead to administrative reviews or penalties.
Submitting inconsistent dates, mismatched entity names, or incorrect solicitation references delays award processing and may cause bid rejection.
Relying on handwritten edits without initials across pages introduces ambiguity and can invalidate the certification under strict procurement rules.

Step-by-Step: Completing and Submitting the Form

Follow these sequential steps to complete, sign, and submit the Non-Collusion Certification Form correctly to the contracting authority.

01

Download Form: Obtain the correct solicitation form version.
02

Fill Details: Enter legal names, addresses, and bid identifiers.
03

Affirm Statements: Check boxes and attest to independent pricing.
04

Sign & Date: Authorized signatory signs, dates, and initials where required.

How Completed Certifications Are Routed

Typical routing options for completed Non-Collusion Certification Forms depend on procurement rules and agency instructions.

Attach to Bid: Include as part of bid submission package.
Email Submission: Send to procurement contact per instructions.
Portal Upload: Upload to agency e-procurement portal.
Mail or Courier: Deliver physical copies when required by solicitation.

Key Elements of a Professional Certification

A professional Non-Collusion Certification Form includes clear attestations, signer identity, dates, and contextual identifiers linked to the solicitation or contract.

Attestation Statement

A precise paragraph that declares the bidder developed the proposal independently, did not conspire with competitors, and will report any collusive contacts; avoids vague or ambiguous language that weakens enforcement.

Identification

Full legal name of the entity, corporate structure, taxpayer identification number or EIN, authorized representative name and title, and contact information so the certification can be traced and verified.

Solicitation Reference

Reference the solicitation number, contract title, bid opening date, and any line items to tie the certification to a specific procurement action and avoid misapplication.

Signature Block

Printed name, title, signature, and date for the authorized signer; include corporate seal or notarization when the solicitation requires heightened authentication.

Subcontractor Disclosure

List major subcontractors or agents involved in bid preparation and state whether they participated in pricing discussions or proposal development.

Certification Period

State the period covered by the certification and confirm whether any communications after the certification would be reported to the contracting authority.

Practical Tips for Accurate and Efficient Completion

Adopting practical habits improves accuracy, reduces risk, and streamlines review when preparing Non-Collusion Certification Forms.

Maintain version control and templates for bids

Use standardized templates tied to solicitation types and track version history; ensure edits are reviewed by legal or procurement staff to prevent unauthorized or ambiguous language that could be construed as collusive or misleading.

Document communication with vendors thoroughly

Keep a written record of all vendor communications, meeting notes, and phone calls related to pricing or scope; such records help demonstrate independence and provide evidence if questions about collusion arise.

Train signatories on legal obligations and risks

Provide targeted training for authorized signers explaining antitrust risks, the meaning of the certification, and internal workflows for reporting potential collusion; informed signers are less likely to make inadvertent misstatements.

Use electronic records with reproducible audit trails

When adopting eSignatures, select platforms that capture timestamps, IP addresses, signer authentication, and a reproducible audit trail to strengthen attribution and reduce disputes over the integrity of the certification.

Typical Submission Deadlines and Timing Considerations

Deadlines for submitting Non-Collusion Certifications depend on the solicitation and may be immediate, pre-award, or upon request by the contracting officer.

Submit with bid submission package:

Certified copy required at bid submission.

Allow for pre-award verification requests:

Contracting officer may request additional proof.

Retain for audit and review by agency:

Form must be retained for audit review.

Provide additional documentation upon request:

May include sworn affidavits or supporting records.

Update upon contract amendments or renewals:

Submit amended certification if scope or pricing changes.

Quick Grid: How to Update or Revise a Certification

Use this quick grid to handle amendments, corrections, and resubmissions for the Non-Collusion Certification Form.

01

Identify Change:

Describe the amendment and reason.

02

Prepare Amendment:

Complete revised form with tracked changes.

03

Obtain Approval:

Authorized signer reaffirms and signs amendment.

04

Resubmit:

Send amended certification per solicitation instructions.

05

Record Retention:

Keep original and amended versions secure.

06

Notify Stakeholders:

Inform contracting officer and project team.

Digital Platforms and Technical Requirements

Digital platforms can streamline completion and tracking of Non-Collusion Certification Forms, subject to procurement rules and evidence requirements.

Supported Formats: PDF, DOCX, and fillable forms
Integrations: Works with procurement portals and CRMs
Authentication: Email OTP, SMS codes, or SSO

Recommended Online Workflow Settings

Configure an online workflow to route, authenticate, record, and archive Non-Collusion Certification Forms automatically for audit readiness.

Field	Configuration
Signer Authentication	Email verification, SMS OTP, or SSO-based authentication.
Field Types	Signature, initials, date, and conditional disclosure fields.
Routing	Sequential or parallel signing order based on roles.
Retention Policy	Automated archival with configurable retention and export.

How This Certification Differs from Similar Attestations

A quick comparison shows how administrative certifications differ from sworn affidavits in formality and typical use.

Document	Non-Collusion Certification	Non-Collusion Affidavit
Formality	administrative attestation	sworn under oath
Notarization	sometimes required	commonly required
Legal strength	audit-trail evidence	stronger evidentiary weight
Typical use	bid submissions	court or formal proceedings

eSignature Platform Pricing Comparison for Form Execution

Summary pricing and capability differences among common eSignature vendors; signNow is listed first per dataset 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	7-day free trial (no card)	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

Frequently Asked Questions and Troubleshooting

Answers to frequent questions about completion, authentication, and legal implications of the Non-Collusion Certification Form.

Need help? Contact support

Is notarization required?
Not typically required unless the solicitation or state law mandates it; contracting authorities may request notarized affidavits in high-risk procurements. Always follow solicitation instructions and, when in doubt, confirm with the contracting officer before submitting the bid.
Can the form be electronically signed?
Yes. Electronic signatures satisfy requirements under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention are demonstrable. Confirm any additional authentication required by the solicitation.
What if names or dates are incorrect?
Incorrect names or dates can invalidate the certification. Submit a corrected form or amendment per solicitation procedures and notify the contracting officer promptly. Corrections may require re-signing or notarization depending on procurement rules.
Who must sign the certification?
An authorized representative with authority to bind the entity must sign and provide a printed name and title. Some solicitations require a corporate officer signature, power of attorney, or delegated official—verify signature authority with procurement rules.
How should subcontractors be disclosed?
List subcontractors that materially participated in proposal preparation and describe their roles. Failure to disclose relevant subcontractors can lead to remedial actions; include subcontractor certifications when requested by the solicitation.
What happens after the form is submitted?
The contracting officer reviews certifications for completeness and may request clarification, supporting evidence, or initiate an inquiry for suspected collusion. Failure to respond can result in bid rejection, remedies, or administrative sanctions including debarment.

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