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Public Procurement SeminarWednesday 16th June 2010
Savannah Hotel
Building Partnerships for
Fighting Bid rigging
Fair Trading Commission
1
Working Together
The Commission and Procurement agencies should work together as the way forward
Each agency has a role to play
Incorporate partnerships with other procurement agencies
2
The Role of the Procurement Agency
Maintain procurement records – record information pertaining to characteristics of past tenders (e.g., the product purchased, each participant’s bid, the identity of the winner etc.) Review tender history periodically, especially in susceptible
industries, look for patterns Be aware of bid-rigging patterns and warning signs Keep bid documents, correspondence, envelopes
Do not alert the business or discuss with suspected participants May result in the destruction of evidence In some cases the conduct may be completely coincidental and
quite rational3
Identify specific contacts in your organisation
Some jurisdictions conduct interviews with 1)vendors who no longer offer supply and 2) Unsuccessful vendors
Think about whether to proceed with tender
Contact the Competition Authority
The Role of the Procurement Agency (continued)
4
The Role of the CommissionAvailability and Accessibility –
The commission will always seek to make itself available for any queries, tips
InvestigateThe Fair Trading Commission is the agency responsible for
investigating suspected cases of bid riggingSection 13 and Section 35 of the Fair Competition Act
CAP326CUnder these sections the Commission could launch an
investigation regarding bid-rigging
Educate procurement officials Make them more aware and enable them to easily detect
signs of bid-rigging Sharing literature and also through training
5
The success of building partnerships
Other jurisdictions have implemented this partnership programmeCanada – trained over 3000 procurement officialsIreland – Irish Competition Authority Road Show
and bookletChile – Interagency Taskforce for Fighting Bid
rigging Finland – Public Sector PartnershipU.S – Public Outreach Programme
All jurisdictions have reported significant increases in tips about bid rigging, bid rigging inquiries and investigations
The US has also reported fewer criminal prosecutions regarding bid rigging6
Public Procurement SeminarJune 16th 2010
Fair Trading CommissionGood Hope, Green Hill, St. Michael
246-424-0260
LET US WORK TOGETHER AND
Build Partnerships for
Fighting Bid rigging
7