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Are there any procedural defenses against rigged biddings?

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Are there any procedural defenses against rigged biddings?

Post by adroth on Wed Jul 07, 2010 2:25 am

Consider the following scenario:

1. A preferred bidder has already been identified (lets leave out malfeasance for now)

2. Bid specs are drawn up in a way that make it impossible for any reasonable bidder to meet the requirements

3. Bids are allowed to fail twice in rapid succession

4. The second bid failure now gives the procurement office legal cover to engage in negotiated procurement, as per Section 53 of RA 9184

5. Preferred bidder gets the deal

Are there any procedural defenses against this scheme? If there are, could you share the relevant circular, AO, etc.?

Is there a prescribed interval between biddings?

How much leeway does the procurement office have to change the bid specs once negotiated procurement starts?


Last edited by adroth on Wed Jul 07, 2010 1:48 pm; edited 1 time in total
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Re: Are there any procedural defenses against rigged biddings?

Post by orlan747 on Wed Jul 07, 2010 11:59 am

I sympathize with your concern Adroth. I too, had been looking hopelessly at several rigged bidding but seemingly we can do nothing against it. The rigging could be in various guises; i.e, specifying experience and tract record tailored fit to the favored contractor, requiring unreasonable documents, requiring all equipments to be owned, publishing misleading schedule/ non-publication at all, setting up a very exorbitant price for Bidding Documents, etc. etc...

I would be very interested to know, if indeed there are "practical" things we can do against these practices. I am on watch mode here...
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