Phase 4: Tender Management

Bid rigging and collusion among bidders

Bidders coordinate prices, rotate winners or share markets to inflate contract values and undermine competition.

Red Flags & Indicators

  • Bid prices show unusual similarities, such as identical rates, consistent price differences, or the same ranking pattern across bids.
  • The same firms repeatedly win contracts in rotation, or bidders divide contracts by location or package.
  • Bidders appear connected through shared subcontractors, unexplained joint bids, or the same addresses, contact details, or representatives.

Stakeholder Guidance

Stakeholder Exposure

Exposure includes unfair access unless firms “play along”; pressure to coordinate pricing; risk of debarment, anti-competitive conduct, and criminal practices; higher bid costs and reputational harm; and delays if collusion unravels mid-project.

Decision Point

During the bid proposal process, compete independently with documented pricing controls, and withdraw if collusion is proposed or credible signals arise.

Mitigation Actions

• Adopt anti-collusion measures for tenders (no coordination with competitors; joint-venture and subcontracting only with documented rationale and approvals)
• Train bid staff on anti-collusion measures
• Maintain a complete bid record, including pricing model inputs, approvals, and a communications log
• Retain evidence that pricing and terms were developed independently
• Use formal tender complaints mechanisms to report credible market-division signals, retaining an auditable communications log
• Use internal compliance escalation processes and whistleblower channels, where available, to report any collusion approach
• Recommend that procuring entities use independent monitors and observers in high-risk tenders

Mitigation Resources

Require suppliers, consultants, subcontractors, agents, and other third parties involved in the bid process to comply with anti-collusion and anti-corruption requirements; require reporting of suspected collusion, market-sharing, bid rotation, or improper bidder contact.

Supplier and subcontractor integrity controls — https://toolbox.infrastructuretransparency.org/resource/supplier-and-subcontractor-integrity-controls/

Set and test conduct rules, training, and supervisory checks for the bid process, including anti-collusion controls, restrictions on competitor contact, documented approvals for JV or subcontracting arrangements, and bid-record handling requirements.

Codes of conduct and compliance programme effectiveness — https://toolbox.infrastructuretransparency.org/resource/codes-of-conduct-and-compliance-programme-effectiveness/

Commit to independent monitoring to oversee the tender process, reducing risks of bribery, corruption, and collusion, and strengthening transparency, accountability, and confidence in the process.

Independent monitoring, assurance, and social accountability — https://toolbox.infrastructuretransparency.org/resource/independent-monitoring-assurance-and-social-accountability/