Non Collusion Affidavit

Non Collusion Affidavit Template for Denmark

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Document background

The Non-Collusion Affidavit is a crucial document required in Danish public procurement processes to ensure fair competition and prevent bid rigging. It is typically required when participating in public tenders, major private sector bids, or government contracts in Denmark. The document demonstrates compliance with both Danish competition law and EU procurement regulations, specifically addressing requirements under the Danish Competition Act (Konkurrenceloven) and Public Procurement Act (Udbudsloven). The affidavit contains sworn statements confirming that the bid was prepared independently, without collusion with competitors, and that bid prices were determined without consultation with other bidders. This document is particularly important given Denmark's strict enforcement of competition laws and its commitment to maintaining transparent and fair procurement processes.

Suggested Sections

1. Affiant Identification: Full legal name, position, and company details of the person making the affidavit

2. Bid/Tender Reference: Specific details of the bid, tender, or procurement process to which this affidavit relates

3. Authority Statement: Statement establishing the affiant's authority to make declarations on behalf of the bidding entity

4. Non-Collusion Declarations: Explicit statements confirming no collusion, price fixing, or anti-competitive arrangements with other bidders

5. Independence Statement: Confirmation that bid prices were determined independently without consultation with competitors

6. Non-Disclosure Statement: Declaration that bid details have not been and will not be intentionally disclosed to any competitor

7. Verification Statement: Affirmation that all statements made are true and accurate

8. Acknowledgment of Consequences: Statement acknowledging understanding of legal consequences of false declarations under Danish law

9. Execution Block: Date, signature block, and notary/witness section complying with Danish legal requirements

Optional Sections

1. Previous Violations Disclosure: Optional section for disclosing any previous competition law violations or investigations, used when required by the procuring entity or when there is relevant history to disclose

2. Affiliated Companies Declaration: Declaration regarding any affiliated companies participating in the same tender, used when the bidding entity is part of a larger corporate group

3. Subcontractor Statement: Declaration regarding arrangements with subcontractors, used when subcontractors are involved in the bid

4. Compliance Program Statement: Description of company's competition law compliance program, used for high-value or sensitive procurements

5. Foreign Law Compliance: Additional statements regarding compliance with foreign anti-corruption laws, used when the procurement has international elements

Suggested Schedules

1. Bid Details: Schedule containing specific details of the bid or tender being submitted

2. Corporate Authorization: Documentation proving the affiant's authority to represent the company

3. Company Structure Chart: Diagram showing corporate relationships and affiliates, if relevant

4. Prior Certifications: Copies of relevant prior compliance certifications or clearances

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