Public Procurement Seminar Wednesday 16 th 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 rational 3

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 Commission Availability and Accessibility – The commission will always seek to make itself available for any queries, tips Investigate The Fair Trading Commission is the agency responsible for investigating suspected cases of bid rigging Section 13 and Section 35 of the Fair Competition Act CAP326C Under 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 programme Canada – trained over 3000 procurement officials Ireland – Irish Competition Authority Road Show and booklet Chile – Interagency Taskforce for Fighting Bid rigging Finland – Public Sector Partnership U.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 rigging 6

Public Procurement Seminar June 16 th 2010 Fair Trading Commission Good Hope, Green Hill, St. Michael LET US WORK TOGETHER AND Build Partnerships for Fighting Bid rigging 7