Bid rigging
Bid rigging, also referred to as collusive tendering, occurs when two or more competitors
agree they will not compete genuinely with each other for tenders, allowing one of the cartel
members to ‘win’ the tender. Participants in a bid rigging cartel may take turns to be the
‘winner’ by agreeing about the way they submit tenders, including some competitors
agreeing not to tender.
Types of bid rigging
Signs of possible bid rigging
Impacts of bid rigging
Types of bid rigging
Bid rigging can take a variety of forms. They include:
cover bidding - where competitors choose a winner and everyone but the winner
deliberately bids above an agreed amount to establish the illusion that the winner’s quote is
competitive
bid suppression - where a business agrees not to tender to ensure that the pre-agreed
participant will win the contract
bid withdrawal - where a business withdraws its winning bid so that an agreed competitor
will be successful instead
bid rotation - where competitors agree to take turns at winning business, while monitoring
their market shares to ensure they all have a predetermined slice of the pie
non-conforming bids - where businesses deliberately include terms and conditions that they
know will not be acceptable to the client.
Signs of possible bid rigging
Some signs of possible bid rigging include:
suppliers appear to be taking turns at winning tenders or sharing the contracts by value
regular suppliers decline to tender for no obvious reason
bidders appear to deliberately include unacceptable terms in their tenders
bidders sometimes bid low and sometimes high on what appears to be the same type of
supply
you become aware that bidders meet before the close of tender, without you being present
the winning firm regularly subcontracts to competitors that submitted higher tenders
one firm of professional advisers represents several of the businesses submitting tenders.
Impacts of bid rigging
Bid rigging leads to uncompetitive tender processes that can result in organisations paying
higher prices or receiving lower quality goods or services. Businesses that are the victims of
bid rigging can pass on extra costs or reduced quality to consumers and other businesses in
the supply chain.
If a government agency pays an inflated price for services provided by tender, these
additional costs or reduced quality are eventually passed on to taxpayers.