Glossary term

Bid Rigging

Subject: Compliance and Regulation, Competition and Antitrust

Also known as: Collusive Tendering

Bid rigging is an agreement among bidders to decide in advance who will win a tender, so that the buyer believes it is getting real competition when it is not.

Explanation

Tenders work only if each bidder prices independently. In bid rigging, competitors secretly coordinate. Common methods include cover bidding, where a firm submits a deliberately high or unacceptable offer to make the chosen winner look good; bid suppression, where some firms stay out; bid rotation, where firms take turns winning; and market allocation, where they split customers or regions. It is most damaging in public procurement, where it raises costs for taxpayers. Authorities look for warning signs such as the same few firms winning in turn, bids that fall sharply when an outsider enters, or losing bids containing the same mistakes. Bid rigging is a form of cartel conduct. Many countries treat it as a criminal offence. Convicted bidders can also lose the right to tender for public work, a penalty that may cost a contractor more than the fine.

Example

Five contractors regularly bid for a city's road resurfacing contracts. Over three years each wins roughly one contract in five, and the losing bids are always about 10% above the winner's. An auditor notices the pattern, and the competition authority raids the offices and finds messages arranging the rotation.

Not to be confused with

Procurement Fraud
Fraud deceives the buyer, for example with false invoices. Bid rigging is an agreement among bidders that removes real competition.

All terms beginning with B

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