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BID
SHOPPING AND BID PEDDLING
Taken from data produced by The American Society
of Professional Estimators
BID
SHOPPING
Bid
Shopping, defined in Canon 5 of the American Society of Professional
Estimators Code of Ethics occurs "when, after the award of
the contract, a contractor contacts several subcontractors of the
same discipline in an effort to reduce the previously quoted price."
Bid shopping may occur either before or after the award of the contract.
In addition to price information, the status of a sub-bidder's competitive
position or technical scope is equally sensitive. Legitimate practice
precludes use of this information in haggling, trickery, or coercion
of any kind. After sub-bidder commitments are made, sub-bidders
should request, and should be advised of their competitive position,
both in price and scope.
BID
PEDDLING
Bid peddling, defined in Canon 7 of the Code of Ethics, occurs when
a sub-bidder "approaches a general contractor who has been
awarded a project with the intent of voluntarily lowering the original
price below the price level established on bid day. This action
implies that the subcontractor's original price was either padded
or incorrect."
WHY
A.S.P.E. PROHIBITS THESE ACTIVITIES
The Contract (or sub-contract, or purchase order) should go to the
qualified prime bidder or sub-bidder determined on bid day at bid
time, excluding prime bidders or sub-bidders who shopped or peddled
bids prior to bid time.
THE
ETHICAL DIMENSION
The ethical basis for this stand is free competition and fair play.
Many construction firms fall prey to the practice of bid shopping
or bid peddling in the belief that they will procure contracts not
otherwise available to them, or that peddling will allow their firm
to maximize profits on the project being bid. Gambling and often
greed replace skill and insight. Professionalism is replaced by
rolling the dice, and bid shoppers are gradually isolated and change
or perish.
THE
ECONOMIC DIMENSION
Bid shopping and bid peddling reduce the total profit available
to the construction team. When a bidder cuts a bid below the lowest
legitimate bid, the bidder is admittedly taking the contract for
less than originally desired. No contractor enjoys the prospect
of making less profit than desired. Therefore, the shopper has strong
incentive to develop ways to recoup that lost profit. One of these
ways is to cheapen quality. Another way is to search for opportunities
to increase the amount of one's contract through extras. The bidder
is constantly motivated to seek change orders, often pricing them
at substantial premiums above the actual cost of the work done.
Elimination of bid shopping and bid peddling is essential if the
construction industry is to regain its rightful fee structure
and it must begin to eliminate these unethical practices now.
Miller
Grading Co., Inc. agrees fully with American Society of Professional
Estimators' ethical stand concerning Bid Shopping and Bid Peddling.
Miller Grading Co., Inc. further states that it will not participate
knowingly with any person or firm who participates in this form
of business activity.
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