CFE practice question 23 of 25
Placing any restriction in the solicitation documents that tend to restrict competition is called prebid solicitation.
Full set: 186 questionsThe statement provides an incorrect definition. The act of placing restrictions in solicitation documents to limit competition is a type of procurement fraud scheme, but it is not called "prebid solicitation." This fraudulent activity is correctly termed a specification scheme or bid tailoring. These schemes occur during the presolicitation phase of procurement, where the requirements and specifications of a contract are developed before bids are formally sought. "Prebid solicitation" is not a standard term used to describe this specific scheme.
The statement would be "True" if "prebid solicitation" were the accepted term for this fraudulent act. However, official ACFE literature and forensic accounting standards categorize this activity under different, more precise names, such as specification schemes. The term in the question incorrectly conflates the phase of the fraud (presolicitation) with the fraudulent action itself.
1. Association of Certified Fraud Examiners (ACFE). (2023). Fraud Examiners Manual
International Edition.
Section 2: Financial Transactions and Fraud Schemes
Corruption
Procurement Fraud
Schemes Occurring During the Presolicitation Phase. This section details the types of fraud that occur before a bid is officially released. It explicitly defines Specification Schemes as occurring when "a fraudster drafts bid specifications in a way that gives an advantage to a certain contractor." The manual lists several methods for this
including setting unreasonable time limits
creating proprietary specifications
and writing vague specifications
all of which are restrictions that limit competition. The term "prebid solicitation" is not used to define this scheme.
2. Singleton
T. W.
& Singleton
A. J. (2010). Fraud Auditing and Forensic Accounting (4th ed.). John Wiley & Sons.
Chapter 10: Procurement Fraud and the Sarbanes-Oxley Act
p. 228. The text discusses procurement fraud schemes and categorizes them by phase. It describes how "specifications can be written to fit the products of a particular supplier" during the pre-bidding stage. This is identified as a method of bid rigging and is consistent with the definition of a specification scheme
not "prebid solicitation."
3. Golden
T. W.
Skalak
S. L.
& Clayton
M. M. (2006). A Guide to Forensic Accounting Investigation. John Wiley & Sons.
Chapter 11: Procurement Fraud
p. 259. This guide outlines various procurement fraud schemes
including those in the "solicitation phase." It describes how perpetrators can "draft specifications to match the qualifications of a specific vendor" or use "pre-qualification procedures to eliminate all but the preferred vendor." These actions are presented as specific tactics within procurement fraud
not as a scheme named "prebid solicitation."
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