经合组织打击公共采购操纵投标指南（2025年更新）

OECD Guidelinesfor Fighting Bid Rigging This work was approved and declassified by the Competition Committee on 19/06/2025. This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty overany territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Photo credits:Cover © shironosov/iStock by Getty Images Plus. Corrigenda to OECD publications may be found at: https://www.oecd.org/en/publications/support/corrigenda.html.© OECD 2025 Attribution 4.0 International (CC BY 4.0) Foreword Public and private organisations often rely upon a competitivetenderprocess tobuy what they need. Whenbidders preparetheiroffershonestly and independently, the tender outcomes ensure value for money. Bidrigging occurs when companies conspire to raise prices or lower the quality oftheir offers. Bid rigging isillegal under competition law in allOECD Members. In many of them, it is acriminal offence.Itisparticularly In(2023[1]), the OECD Councilat Ministerial level revisedtheRecommendation onFighting Bid Rigging inPublic Procurement[OECD-LEGAL-0396].The Recommendation aimstopromote effective competitionin In line with instructions from the Council,the Competition Committeerevisedthe Guidelines for FightingBid Rigging in Public Procurement in 2025, drawing on Competition Committee roundtables concerningcartels, enforcement cases and advocacy initiativesin OECD and non-OECD jurisdictions, and the The Guidelines aim to support procurement andcompetition authoritiesto prevent and detect bid rigging.Theycontain general, non-exhaustiveprinciples thatmay beadapted to each procurement process.Theyinclude sections on bid-rigging forms and bid-rigging compensation mechanisms that cartels may use. The •aTenderDesignList, which details a series of measures to help plan and carry out procurementin a way that limits bid-rigging risks•aBid-riggingDetectionList, which sets forth red flags to help identify and report bid-rigging TheGuidelines weredeveloped by the Working Party3onCo-operation and Enforcement. They were then The Guidelines wereprepared byDespina Pachnou, withsupport from Eduardo Mangada Real de Asúaand valuable commentsfrom Ori SchwartzandAntonio Capobiancoofthe OECD Competition Division.The Guidelinesbenefitted from consultation with the OECD’sPublicGovernance Committee through its Table of contents 3 Foreword Executive summary6 Key messagesof the Guidelines 6 1 What is bid rigging? 9 1.1. Common forms of bid rigging1.2. Compensation mechanisms1.3. Links between bid rigging and other unlawful conduct 2 Tender Design Checklist 15 2.1. Be informed before designing the tender process2.2. Maximise the participation of genuinely competing bidders2.3. Define requirements clearly and avoid predictability2.4. Reduce communication among bidders and share information carefully2.5. Carefully choose the criteria for evaluating and awarding the tender 3 Bid-Rigging Detection List 3.1. Warning signs in bidding patterns3.2. Warning signs in tenderdocuments3.3. Warning signs related to pricing3.4. Suspicious statements References28 Notes29 FIGURES Figure1.1. Types of bid riggingFigure1.2. Market characteristics that facilitate collusionFigure2.1. Tender design checklist at a glanceFigure3.1. Bid-rigging detection list at a glanceFigure3.2. Steps that procurement officials cantake if bid rigging is suspected INFOGRAPHICS Infographic1. Key messages of the Guidelines Executive summary Bid riggingoccurs when companies, that would otherwise be expected to compete, conspire to raise pricesor lower the quality oftheir bids. The OECD Recommendation on Fighting Bid Rigging in PublicProcurement[OECD-LEGAL-0396](the “Recommendation”) establishes a series of principles to help The Recommendation recognises that bid rigging is “among the most egregious violations of competitionlaw that injures the public purchaser by raising prices, reducing quality, establishing output restrictions orquotas, or sharing or dividing markets, thus making goods and services unavailable or unnecessarilyexpensive for public purchasers, to the detriment of final users of public goods and services, andtaxpayers”. It recommends that Adherentsassess their procurement laws and practices to ensure that The Guidelines support the implementation of the Recommendation. They providedetailed guidance forpublic authorities, and in particularcompetition authorities and procurement officials,onhow toprevent Key messages of the Guidelines Bid rigging can take many forms.Bid rigging often consists inthe following strategies:cover bidding(submitting bids that the procurer cannot accept,to give the appearance of genuine competition), bidsuppression (refrainingfrom bidding or withdrawingbidsso thata specific bidcompany wins), bid rotation(companiestakingturns being the winning bidder) or market allocation (carvingup the market and agreeing Certain su