Contract and procurement fraud


Unjustified Sole Source Awards or Other Non-competitive Method of Procurement



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Supply Chain Forensics Notes
Unjustified Sole Source Awards or Other Non-competitive Method of Procurement



  • Non-competitive methods of procurement, like sole-source contracting, exclude competition therefore, such methods can be used improperly to eliminate competition and steer contracts to a particular vendor.

  • Again, is a non-competitive procurement process accomplished through the solicitation of only one source, thereby limiting full and open competition.

  • Sole-source contracting is more vulnerable to fraud than competitive methods because it provides a greater freedom for manipulation and collusion with a vendor/contractor, and consequently, organisations that use this form of procurement typically require justification for its use.

  • Typically, justification occurs when the goods or services are available only from a single source, when exigent circumstances will not permit delay resulting from a competitive solicitation, or when solicitation is determined inadequate after soliciting a number of sources.

  • Additionally, in cases involving unjustified sole source awards, the supplier typically charges a much higher price than the company could have obtained through bidding.

EXAMPLE
A requisitioner distorted the requirements of a contract up for bid, claiming the


specifications called for a sole source provider. Based on the requisitioner’s information,
competitive bidding was disregarded and the contract was awarded to a particular supplier.
A review of other bids received at a later date showed that certain materials were available

for up to $70,000 less than what the company paid in the sole source arrangement. The
employee had helped divert the job to the contractor in return for a promise of future
employment.

Some common red flags of unjustified sole source award schemes include:



  • Frequent use of sole source procurement contracts

  • High number of sole source awards to one supplier

  • Requests for sole source procurements when there is an available pool of contractors to compete for the contract

  • Procuring entity did not keep accurate minutes of pre-bid meetings

  • False statements made to justify noncompetitive method of procurement

  • Justifications for noncompetitive method signed or approved by employees without authority

  • Employee fails to obtain the required review for sole source justifications

  • Sole source justifications developed by or in consultation with a contractor who is permitted to compete in the procurement




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