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30 Pub. Cont. L.J. 97 (2000-2001)
Limiting the Government's Exposure to Bid Rigging Schemes: A Critical Look at the Sealed Bidding Regime

handle is hein.journals/pubclj30 and id is 107 raw text is: Limiting the Government's Exposure to Bid Rigging Schemes: A Critical Look at the Sealed Bidding Regime KARA L. HABERBUSH I. Introduction 97 II. Methods of Bid Rigging in the Government Procurement Arena 99 A. The Operation of a Bid Rigging Scheme 99 B. Factors Necessary for Bid Rigging Success 100 C. Current Safety Mechanisms Within the Government Procurement Process 101 D. Weaknesses Within the Government Procurement Process That Facilitate Bid Rigging 103 1. The Government Limits Competition at the Outset 103 2. Vulnerability Is Created by the Sealed Bidding Process 105 3. Deterrents to Bid Rigging Are Limited 106 4. Bid Rigging Schemes Are Difficult to Detect 108 5. Joint Ventures Facilitate Illegal Collusion 109 E. Other Factors That Affect the Government's Ability to Deter Bid Rigging 110 III. Ways in Which the Government Can Decrease Its Vulnerability to Bid Rigging Cartels 114 A. Changes to the Procurement System as a Whole 114 B. Changes to Bid Format 115 C. Eliminating Limitations on Bidder Eligibility 117 D. Protections Established in Advance of Bid Solicitation 118 E. Amendments to the Bid Evaluation Process 119 F Variations of Award Determinations 120 G. Improvements in the Areas of Detection, Investigation, and Punishment of Bid Rigging 121 IV. Conclusion 122 I. Introduction Antitrust violations pose a constant threat to the unrestrained workings of markets. Wherever sellers and buyers interact, opportunities to suppress the free market arise. Transactions with the Government are no exception. Kara Haberbush is the Student Editor-in-Chief of the Public Contract Law Journal and a third-year law student at The George Washington University Law School. She thanks Professors Steven Schooner and William Kovacic for their guidance in writing this Note.

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