boboelectric
Senior Member
- Location
- Eighty Four,Pa.15330
Just say You can't deliver this job,and keep me in mind.
Just say You can't deliver this job,and keep me in mind.
collusion [kəˈluːʒən]
n
1. secret agreement for a fraudulent purpose; connivance; conspiracy
If a electrical contractor sends me a proposal for the work, then I mark it up and send it out, as if he were a sub, it is not collusion, it is not fraud, and it most certainly is not a conspiracy.
I am not making a judgement but I suggest taking a look at "Complimentary Bidding" in this article as well as this one
Roger
When the word bid is used are we talking about the same thing, a sealed bid with a formal bid process, or a GC fishing for a price?
You can handle it a few ways. Consider asking another EC you have a relationship with to comp you their number, then bump it up a few points (5-10%). This will save face plus give you a respectible placement.
Ron
[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]2. BID RIGGING[/FONT][/FONT][FONT=TimesNewRoman,Bold]
[/FONT][FONT=TimesNewRoman,Italic][FONT=TimesNewRoman,Italic]Agreement between bidders to predetermine the winner of a contract.[/FONT][/FONT]
Any agreement among competitors in bidding on contracts to designate one of them to submit the lowest bid is another
form of price fixing. It is also unlawful for competitors to agree to refrain from bidding against each other or to agree
to submit complementary bids in order to falsely create the appearance of competition. Bid rigging appears in many
forms. The following are some examples:
[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]1. Bid Suppression [/FONT][/FONT]
[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]2. Complementary Bidding [/FONT][/FONT]
- Complementary bidding (also called protective or shadow bidding) occurs when one
or more competitors submit bids that they know will be rejected because they are too high or do not otherwise comport
with the requirements of the bid specifications. Complementary bidding permits the participants to designate a winner
while maintaining the appearance of competition.
[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]3. Bid Rotation [/FONT][/FONT]
- In bid rotation schemes, all conspirators submit bids, but take turns being the winning low bidder.
The terms of rotation may vary. For example, competitors may take turns on contracts according to the size of the
- BID RIGGING
Bid rigging is the way that conspiring businesses effectively raise prices where purchasers — often federal, state, or local governments — acquire products or services by soliciting bids. In a bid-rigging conspiracy, competitors agree in advance who will submit the winning bid on a contract that a public or private entity wants to let through a formal or informal competitive bidding process. In other words, competitors agree to eliminate competition for some piece of defined business, whether it be a sale, a contract, or a project.
A bid-rigging conspiracy can take a number of forms, all of which produce anticompetitive results. For example, one of the conspirators who otherwise would be expected to bid, or who has previously bid, might agree not to bid at all or might withdraw a previously submitted bid so that the designated winner's bid will be accepted.
In other circumstances, one or more of the conspirators might agree to submit a bid that the conspirators know will be higher than the bid of the designated winning bidder. This practice is called complementary bidding or cover bidding. Such bidding includes situations in which one or more of the competitors agree to submit bids that are too high to be the winning bid, but it also includes situations where competitors agree to submit bids that appear to be competitive in price but which fail to comply with other, nonprice bid requirements, such as a requirement that the bidder provide a bid bond. Such schemes enable the designated winning competitor's bid to be accepted in situations where a letting entity requires a minimum number of bidders. As with all per se violations, the essence of bid rigging is the agreement among would-be competitors not to compete, with customers being defrauded because the conspirators agreed to maintain the appearance of competition when, in reality, prices were rigged.
In order for the conspirators to bid higher than the designated winning bidder, there must be some type of communication among them as to what each of them should bid. Frequently, this communication will involve a face-to-face or telephone conversation between the conspirator who is supposed to win the bid and the conspirator who agreed not to compete. This communication can take other forms, however, such as a written message mailed, faxed, or otherwise electronically transmitted, and does not have to be sent from the winning bidder.
After the bid is let, the winning bidder may pay off the coconspirators through cash payments or subcontracts. Purchasing agents might also receive payoffs to make sure that the conspiracy is unreported. A purchasing agent might even be the originator of a conspiracy in circumstances that require bid rigging for the conspiracy to be successful. Evidence of such payoffs can be very persuasive for a jury.
Frequently, however, the bid in question is merely one of a series of bids rigged by the conspirators, and rather than payoffs, the conspirators take turns being the winning bidder or rotate the bids. Competitors may take turns on contracts according to the identity of the customer or the size of the contract, trying to equalize the value of the contracts won by each conspirator over time.