Bid rigging is one of the most harmful types of anti-competitive conduct. Tenderers
must prepare and submit their bids independently and refrain from participating in
any discussion or coordination on the bids with their competitors. This collusive
practice is strictly prohibited under the Compeition Order, 2015. Any form of
collusive behavior can have an adverse effect on a country’s economy and
government expenditure. Hence, it is important for the procurement agencies to
take preventative measures to reduce the risks of bid rigging. This was highlighted
by the Competition Commission of Brunei Darussalam (CCBD) through its
Executive Secretariat during a dialogue session with officials from the Maritime
and Port Authority Brunei Darussalam (MPABD) in particular, its Internal and
Quotation Committee, Asset Management Division and Finance division.
The session was attended by the Chief Executive of the Maritime and Port
Authority Brunei Darussalam (MPABD), Yang Mulia Captain Abdul Mateen
Abdurrahman Liew @ Martin Liew. Also in attendance were the Chairperson of the
CCBD, Yang Mulia Nik Hafimi Binti Abdul Haadii and the Director of the CCBD,
Yang Mulia Hajah Rena Azlina Binti Dato Paduka Haji Abdul Aziz.
The Executive Secretariat of CCBD began the session by providing an overview
of CCBD’s institutional framework as an independent quasi-judicial body
mandated to enforce the Competition Order, 2015. The session also deliberated
on the Competition Order 2015, particularly the three key prohibitions under the
Order namely Anti-Competitive Agreements, Abuse of Dominant Position; and
The session highlighted the harmful effects of bid rigging which include, increased
prices and compromised quality of goods. Bid rigging refers to agreement (written
or oral) between bidders or potential bidders to manipulate the bidding process by
collectively pre-determining the bid winner. Consumers, including the government,
may be heavily affected by it as public procurement accounts for significant amount
of government expenditure.
The session underscored the need for procurement officials to play a proactive role
in “Deter, Detect and Report” bid rigging. Attendees were reminded to take
measures to prevent bid rigging from happening. This can be initiated by adopting
practical steps in designing pro-competitive tender documents. Procurement
officials are advised to be vigilant on signs of bid rigging as a way to detect bid
rigging. Any suspicions on bid rigging conduct may be reported to the CCBD by
providing relevant information and documents such as tender bids,
correspondences and well as record of suspicious behaviours and statements.
The session concluded with a Q&A segment and a short interactive quiz to further
enhance the understanding and awareness of participants on the Competition
Order, 2015. The session was conducted at Al-Fath Hall, MPABD Headquarters,
Muara, last Thursday.
The CCBD welcomes any request for dialogue or briefing to fight bid rigging in
public procurement which can be directed to the Executive Secretariat to the CCBD through email at firstname.lastname@example.org For further information, visit
CCBD’s website at www.ccbd.gov.bn or contact 2383100.
Executive Secretariat of Competition Commission Brunei Darussalam
Ministry of Finance and Economy