ACCC Accuses Architect of Bid-Rigging Attempt

A high-profile Australian architectural firm is accused of attempting to rig bids for the tender for a university building project.

The Australian Competition and Consumer Corporation (ACCC) said it had launched civil proceedings in the Federal Court against Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen, alleging they engaged in cartel conduct by attempting to rig bids for the tender for Darwin’s Charles Darwin University.

In 2018, the university announced plans for a $250-million Education and Community Precinct in the heart of the Darwin CBD. The project was primarily funded by the Commonwealth Government and the university, the ACCC said.

ARM Architecture was awarded the contract for principal design and consultant services under the first phase of the project after a tender in May 2019, the ACCC said in a statement.

“In September 2020, the tender for the second phase of the Charles Darwin University project was issued. It is alleged that following the issue of the tender, Allen sent emails to eight other architectural firms requesting them not to submit a bid for the second phase of the Charles Darwin University project.”

The ACCC alleges that in doing so ARM Architecture, through the conduct of Allen, attempted to rig or induce other competitors to agree to rig the tender for principal design consultant services.

The ACCC also alleges that Allen attempted to induce other competitors to agree to rig this tender.

Once Charles Darwin University became aware of the alleged conduct, ARM Architecture was excluded from consideration for the second phase of the building project, which was valued about $2.6 million plus GST.

The ACCC is seeking declarations, pecuniary penalties and costs, as well as orders for compliance training.

The case will be listed before the Federal Court at a date to be set.