Does a council have to go to open tender for every project?
- 08.09.2026
I suspect that a rival tenderer was given information about our pricing or the evaluation criteria before the closing date, because their bid seems to mirror ours closely. How do I raise this, and what protections exist against collusion?
This should be raised promptly and in writing with the agency's procurement lead, giving the reasons for your concerns and any evidence. Agencies must maintain the confidentiality of tenders and ensure a level playing field, and information provided to one supplier that is material to the tender should be provided to all. If there is evidence of collusion between bidders, such as price fixing or bid rigging, this can breach the Commerce Act 1986, and since 2021 cartel conduct, including bid rigging, can be a criminal offence. You can report suspected cartel behaviour to the Commerce Commission, which has an investigation and leniency system. Keep records of what you observed, and take legal advice before making formal allegations, since defamation risk arises if claims are made without evidence.
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