e-Construction Solutions
Identifying and Preventing Anti-Competitive Bidding
In March 2025, FHWA issued a memorandum to DOT administrators focused on addressing anticompetitive bidding patterns and estimation best practices.
On this page, you will find resources to help you learn about FHWA’s recommendations and how to best address them with a mix of data, process, and technology. Watch, listen, and read advice from industry experts with decades of combined DOT experience.
FHWA’s Memo on Estimation and Anti-Competitive Bidding
FHWA’s memo hit inboxes this March with a subject line of “ACTION: Analysis Methods for Detecting Potential Anticompetitive Bidding.” Based on a recent audit by the Office of Inspector General (OIG), the memo contained two key recommendations:
- Conduct frequent, regular, and systematic reviews of procurements made over multiple years, using specific statistics, such as those identified in the OIG report, as a means of identifying potential anticompetitive patterns. OIG notes that using consistent statistics across projects over the review period will improve this identification effort, and
- Reduce the use of historical data when developing an engineer’s estimate, to the extent practical.
Further details revealed a few troubling findings:
- At least a third of contracts analyzed in the audit were potentially affected by complementary bidding
- The additional cost of flagged contracts ranged from 5.2% to 10.2% higher than a competitive range
- The estimated cost increases across these flagged contracts amount to $1.19 billion
As longtime experts in data analysis and estimation, we have prepared a variety of resources to help state DOTs address their current methodologies and improve the identification of anti-competitive bidding practices.
WATCH
Best Practices for Identifying Anti-Competitive Bidding with Ohio Department of Transportation
In this webinar, Infotech is joined by the Ohio Department of Transportation to review best practices to protect against anti-competitive bidding and explore how they leverage AASHTOWare Project Data Analytics™ to pull actionable insights from the agency’s construction data. Watch a real-life example of one DOTs approach to the identification and prevention of anti-competitive bidding behavior.
WATCH
Best Practices for Identifying Anti-Competitive Bidding with Ohio Department of Transportation
In this webinar, Infotech is joined by the Ohio Department of Transportation to review best practices to protect against anti-competitive bidding and explore how they leverage AASHTOWare Project Data Analytics™ to pull actionable insights from the agency’s construction data. Watch a real-life example of one DOTs approach to the identification and prevention of anti-competitive bidding behavior.
LISTEN
Discussing FHWA’s Recommendations on Anti-Competitive Bidding with Former DOT Leaders
In this episode of Infotech’s Let’s Be Civil podcast, three former DOT leaders dive into the recent FHWA memo on anti-competitive bidding and break down the recommendations, anti-competitive bidding methods they have encountered, and the valuable role that cost-based estimation and pre-award analysis can play in ensuring fair competition. Perfect for your next commute.
Read
Our Robust Library of Analysis and Estimation-Focused Content
Breaking Down the FHWA Memo on Estimation and Anti-Competitive Bidding
Breaking down the latest FHWA memo focused on addressing anti-competitive bidding patterns and estimation best practices.
A Guide to Spotting Anti-Competitive Bidding Behavior
Learn what you can do to spot non-competitive behavior and bid rigging.
Moving Beyond Historical Bid Data: The Components of Cost Estimation
How can agencies move beyond bid data and into the world of cost-based estimating?
Promoting Fair Competition: How FHWA’s New Guidance Strengthens Bidding Oversight
FHWA’s message is clear: consistent monitoring of bidding activity brings real benefits to taxpayers.
Keeping an Eye Out for Anti-Competitive Bidding with AASHTOWare Project Data Analytics™
AASHTOWare Project Data Analytics™ provides a set of tools to conduct frequent, regular, and systematic reviews of your AASHTOWare Project data.
FHWA’s New Estimating Guidelines: What They Mean for Your Agency
FHWA has contacted most transportation agencies with their bidding and estimation recommendations – what does this mean for your agency?
How Ohio DOT Approaches Identifying & Preventing Anti-Competitive Bidding
How are DOTS that are ahead of the curve approaching the identification and prevention of anti-competitive bidding behavior?
About Infotech: leaders in data exploration
Since 1977, Infotech has evolved into a tech provider for the infrastructure industry, with solutions ranging from secure online bidding to paperless document routing. That said, we’ve never forgotten where our bread is buttered – data analysis.
From our first case with the Florida Attorney General, we’ve understood the vast potential of data analysis and the truths it can reveal. The way agencies handle their data sets the industry standard for transparency, fairness, and veracity.
Our goal is to help your agency set that standard through an engaging and active partnership. We work with you every step of the way, ensuring you have a primary role in guiding the direction of the project. Our team of experienced professionals will work with you to ensure you are following FHWA’s recent recommendations on preventing anti-competitive bidding behavior.