Understanding the Red Flags of Collusion in Contracting

The Department of Justice’s Framework for Tackling Unfair Contracting Practices

Fredrick W. Lee
5 min readApr 21, 2020
Red flag hanging from a flagpole in windy conditions
Credit: Carson Masterson/Unsplash

The United States Department of Justice (DOJ) is cracking down on vendors or contractors who engage in the practice of collusion on contracts. Vincent M. Walden,CFE, CPA, wrote an article in the March/April 2020 issue of the Fraud-Magazine about the DOJ’s efforts to go after collusion practices in contracting. In the article, he provided information on what is collusion and the red flags that the DOJ identified as areas that created collusion in contracting.

For the general public and those vendors seeking contracts, this article provided some information that you should pay attention to when bidding on work. Based on the article, there were key points of interest that may be of interest to identify, minimize, or avoid the practice of collusion.

Definition of collusion

The COSO/ACFE Fraud Risk Management Guide defines collusion as a secret agreement between two or more parties for fraud or deceit.

Common schemes of collusion

There are various ways to engage in collusion. The DOJ identified three common schemes of collusion. The most common schemes are price-fixing, bid-rigging, and…

--

--

Fredrick W. Lee
Fredrick W. Lee

Written by Fredrick W. Lee

25+ years of compliance audit experience; licensed certified internal auditor and certified fraud examiner; founder/CEO of ClearCompliance Group and F+C Group