What is an Affidavit of Non-Collusion?
An Affidavit of Non-Collusion is a document that certifies that a bid or proposal is genuine. It is a sworn declaration completed by bidders in connection with their bid submissions attesting that the vendor did not collaborate with any other vendors in the preparation of the bid.
An Affidavit of Non-Collusion should be properly completed and attached to the proposal it certifies. It is handled by the bidder's member, official, or employee who makes the final choice on pricing and the amount quoted in the bid. When presented with the bid or proposal, it should also be notarized.
An Affidavit of Non-Collusion includes the following:
- Date of oath and affirmation.
- The name of the company.
- Information about the company's representative, such as name and title.
- The State and County where the notarization took place.
- Signature of the affiant.
- Signature of the notary public.
- The notary public’s commission expiration date.
Where to get an Affidavit of Non-Collusion?
An Affidavit of Non-Collusion is a form that may be obtained from your local court.
Affidavit of Service templates are also available online. For your convenience, an Affidavit of Service template that you can electronically fill out is available on PDFRun.
How to fill out an Affidavit of Non-Collusion?
Here is a detailed guide on how to fill out an Affidavit of Non-Collusion:
Enter the state where the affidavit was written.
Enter the county where the affidavit was written.
Enter your name.
Title or Position in the firm
Enter your title or position in the firm.
Name of Firm
Enter the name of the firm where you are employed.
Oath and Affirmation
Filling out this affidavit means that you affirm all the facts and information contained in the foregoing bid.
This section confirms that the bid or proposal is genuine and not made on behalf of any other person, company, or client.
This section confirms that the price of the bid or proposal was determined independent of outside consultation and was not influenced by other companies, clients, or contractors.
This section confirms that no companies, clients, or contractors have been solicited to propose a fake bid/proposal for comparative purposes.
This section confirms that no companies, clients, or contractors have been solicited to refrain from bidding or to submit any form of noncompetitive bidding.
This section confirms that the price of the bid or proposal has not been disclosed to any client, company, or contractor.
Enter the date when the price of the proposal or bid will be disclosed.
Enter the signature of the affiant.
Affidavit Common Terms
Here are some common terms in understanding an affidavit:
- Affiant: The person signing the affidavit and declaring that the information is true
- Affirmation: A written record of events that occurred exactly as described and that the affiant believes to be true.
- Witnesses: Third-party witnesses formally confirming that they were present when the affiant signed the affidavit.
- Penalty of perjury: A statement indicating that if the affiant's evidence is proven incorrect, he or she will be put on trial.
- Notary public: A public officer who will sign the affidavit and validate the affiant's oath and affirmation
- Attachments: Any further documents that confirm the affidavit's sworn statements
Affidavit of Non-Collusion Reminders
- Provide all the necessary information needed in the affidavit.
- Provide true and correct information; otherwise, it may lead to possible charges.
- Make sure that the affidavit is signed by a notary public.
How to formalize an affidavit?
An affidavit must be notarized to be valid. The paper must be signed in front of a notary public to testify that your signature is on the affidavit. You will need to prove your identity to the notary public by presenting an identification document. Present an identification that has your photo, such as a passport or driver's license that is not expired.
A notary public's role is to ensure the signature's legitimacy and that it was applied willingly and without coercion. When the affiant signs the affidavit and admits to signing it for its intended purpose, the document is notarized and becomes a sworn affidavit.
A notary public may also be required to execute a jurat in specific situations. Before you sign the document, he or she will give an affirmation or oath to you. It implies that you declare that the facts included in the document are true and correct to the best of your knowledge.
Since a notary public cannot inform you whether you only need to notarize your signature or if he or she needs to execute a jurat, it is up to you to determine which type of notary you require. A jurat is written in most legal papers, including affidavits, as part of a notary public's signature.
Are there consequences when signing an affidavit?
Before you sign an affidavit, keep in mind that there are legal consequences when signing an affidavit with false information. Since you are signing a document under oath, it is the same as testifying in court. If you submit incorrect information or lie in the affidavit, you may be penalized for perjury. Penalties might include monetary penalties, community service, and a possible prison sentence.
Can an affidavit be considered as admissible evidence?
An affidavit is acceptable evidence. However, some courts may ask you to testify to the affidavit or rule it hearsay. Since hearsay is not admissible as evidence, your affidavit may not be used as evidence if someone opposes it until you testify. As a result, never think that simply signing an affidavit would exclude you from appearing as a witness in court.
Can an affidavit be handwritten?
Affidavits can be written in your own handwriting or typed as long as it is readable, notarized and provides all the information needed.
Tips in writing an affidavit
Here are some helpful tips in writing an affidavit:
- Keep as much legal language out of the affidavit as possible.
- Make the affidavit as brief as feasible.
- If you are recounting your actions in an incident, make sure your ideas are structured and in the correct order.
- Avoid using aggressive language.
- Leave out the drama and just give the facts as they are.
- Check the document for spelling and grammatical mistakes.