The submission of a non-collusion statement protects the integrity of the federal-aid highway program by serving as a deterrent to bid rigging activities. The certification also becomes evidence in prosecuting cases involving construction contract bid rigging. A non-collusion statement is required from all bidders and is to be submitted as part of the bid proposal package. Failure to submit the required certification will result in the bid being considered non-responsive and ineligible for award consideration.

The LG must include provisions in the bidding proposals requiring all bidders to include a non-collusion statement with their bids. The FHWA, in consultation with the U.S. Department of Justice, has concluded the non-collusion statement may be either an unsworn declaration made under penalty of perjury under the laws of the United States or a sworn affidavit executed and sworn before a person who is authorized to administer oaths by the laws of the state.

All non-collusion certifications shall be retained by the LG in accordance with the retention policy of . These certifications could serve as important evidence in the event that collusion or bid rigging is discovered at a later date.

In general, the LG must require all bidders to submit a non-collusion statement with their bid as described in the .