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The majority of federal government procurement is not a set and attacked by bidrigging, price fixing and fraud schemes. And what the OECD tried to do is assess how much money is lost from bidrigging, price fixing and other collusive schemes at the outset from government spending. Collusion and so forth.
They can offer enormous efficiencies and competitive advantages to a bidder; however, without a well-crafted agreement, they can represent vectors of antitrust risk. Teaming agreements can pose risks as they generally require contractors to commit to not submit bids independently or with another party.
In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in public procurement procedures. 1) (‘the Financial Regulation’).
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