The IACRC Bid Review Training Tool is an Add-In for Microsoft Excel (2007 & 2010) designed to demonstrate how investigators, auditors and analysts can use simple spread sheet analysis to assist them in fraud and corruption investigations.
This version of the Tool analyzes bids for the primary indicators of collusive bidding and bid-rigging. While oriented toward construction projects, the tool can also be used to analyze bids submitted in other kinds of projects. Properly adapted to individual data systems, this and similar tools can minimize the time needed to scrutinize raw data in order to identify potentially fraudulent or otherwise questionable transactions.
While this version of the tool can be used to analyze actual data, if they are input properly, it is primarily designed as a training device. Sample hypothetical bidding data can be downloaded with the Tool to assist in the training function. Its scope and effectiveness can be greatly increased through adaptation to the specific needs and operating systems of individual entities accompanied by appropriate training and legal guidance.
Using several techniques, the tool allows users to examine and query raw data to uncover links between contractors, bids, subcontractors, job sites, line items, and change orders. It generates preformatted Excel reports which can show, in graphic form, relationships among multiple bids that may indicate collusion.
Developed as an economical and lightweight solution, the tool requires only that users have access to a computer installed with Excel 2007 or 2010. Once downloaded, the tool requires no internet or network connection in order to function. It was developed using Visual Basic for Applications (VBA), widely regarded as an easy to learn coding language.
The tool was designed to be an open source solution which users will be able to modify and improve to meet their specific needs, including the tailoring of informational reports. It relies on Excel to simulate a traditional database environment; consequently, users do not have to be experienced database administrators in order to deploy the tool. However, some familiarity with data analysis and computers is necessary to use the tool effectively and to troubleshoot apparent errors.
IACRC Bid Review Training Tool End User License Agreement
This End-User License Agreement (this “EULA”) is between you and the International Anti-Corruption Resource Center (“IACRC”) regarding your use of this software application (the “Software”). Installing or using the Software requires and implies your agreement to the terms of this EULA. If you do not agree to the terms of this EULA, you may not download or use the Software. Any downloading, access or other use of this Software is subject to this EULA.
Subject to this EULA, IACRC grants you a non-transferable, non-exclusive, non-assignable limited license (without right of sub license) to install and use the Software for educational and anti-procurement fraud purposes. This Software is licensed, not sold, to you under this EULA. You have no ownership rights in, or related to, the Software, any services or functionality provided by the Software (“Services”) or any related documentation. IACRC retains all right, title, and interest in and to the Software and Services (including any changes, modifications, or corrections thereto) and any related documentation.
Not Legal Advice
The Software is designed for educational purposes only. It is intended to demonstrate one use of technological aids in detecting and proving collusion and related activities. It is not intended to be used in auditing, investigative or other operations without appropriate training, legal advice and supervision to ensure that the Software is properly adapted and used to meet the needs of specific entities and situations. It is no substitute for legal advice. You should consult with an attorney prior to making any decisions, or undertaking any actions or not undertaking any actions related to any legal problem or issue. If you have any questions about anti-corruption law or any other legal obligations, you should consult an attorney.
INFORMATION RECEIVED VIA THIS SOFTWARE OR THE SERVICES SHOULD NOT BE RELIED UPON FOR LEGAL ADVICE. YOU SHOULD CONSULT AN ATTORNEY FOR SPECIFIC ADVICE TAILORED TO YOUR ENTITY’S SITUATION. NO REPRESENTATION IS MADE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS OR IMPORTANCE OF ANY INFORMATION REFERENCED HEREIN.
The Software and any related documentation are protected by United States copyright law and international treaty provisions. You may not copy, modify, distribute, or create derivative works based on the Software without the prior written consent of IACRC. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void.
You acknowledge that the Software contains proprietary trade secrets of IACRC and/or its licensors and suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
You agree to use the Software only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other individual user to use or access the IACRC site or this Software will not be tolerated, including by means of hacking, injecting malware, or defacing any portion of the IACRC website, network, or Software, or by engaging in spamming, flooding, scraping, or any other malicious or disruptive activities. You are strictly prohibited from communicating on or through this Software or the IACRC site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to the Software and/or the IACRC site without notice if we believe, in our sole discretion, that you are in violation of any applicable law or your access and use of the Software or the IACRC website is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
Content, Copyrights, and Trademarks
The content made available by IACRC through the Software (the “Content”) is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by IACRC and/or its licensors and suppliers. The entire contents of this Software are subject to copyright protection.
You may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of IACRC. The names, logos, and materials displayed in the Software constitute trademarks, trade names, service marks or logos (“Trademarks”) of IACRC or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with IACRC or those other entities.
Changes and Updates to the Software and Compatibility
IACRC will have no obligation to provide the Software, may change the form and nature of the Software at any time with or without notice to you, and may cease providing the Software at any time with or without notice to you.
IACRC may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Software, you acknowledge that you will be bound by the version of this EULA which is applicable as of the time you download and use any such update to the Software.
IACRC does not represent or warrant that any version of the Software will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the Software. This Software may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). IACRC does not undertake any obligation to provide the Software to you in a way that is compatible with your hardware or software.
Access to the Software and Related Charges
You acknowledge that by using the internet to use the Software, you may incur charges from your wireless carrier, internet service provider or other method of internet access, and that payment of any such charges will be your sole responsibility. IACRC does not control wireless or internet access. Your use of these networks may not be secure and may expose your sensitive information sent over such networks.
Disclaimer of Warranty
THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE DISCLAIMED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IACRC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, OR ANY DAMAGE OR LOSS TO COMPUTER OR INFORMATION SYSTEMS, TECHNOLOGIES OR DATA,) ARISING OUT OF THIS EULA, YOUR USE OR MISUSE OF OR INABILITY TO USE THE SOFTWARE, OR YOUR USE OR MISUSE OF, OR RELIANCE ON, ANY DATA YOU MAY ACCESS IN CONNECTION WITH THE SOFTWARE, EVEN IF IACRC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that IACRC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of IACRC’s liability will be equal to the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless IACRC, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, from your use of the Software or resulting from any violation by you of this EULA, to the fullest extent allowed by law.
This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation under your control. All license rights granted to you will immediately terminate if you violate any of the terms of this EULA, but all other provisions of this EULA will survive such termination.
The United States restricts the export and re-export of commodities and technical data of United States origin. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.
This EULA is the entire agreement between you and IACRC with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning, the subject matter of this EULA.
This EULA is governed by the laws of the District of Columbia, USA, as such laws apply to contracts between residents of the District of Columbia entered into and performed entirely in the District of Columbia, notwithstanding your place of residency or District of Columbia conflicts of law provisions. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. Any claim or cause of action arising out of or relating to this EULA shall be brought exclusively in a state or United States federal court located in the District of Columbia, and each party hereto hereby consents to the jurisdiction of such courts for such purposes and expressly waives any objection it may have as to venue. EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS EULA.
The Software, including the information pertaining to IACRC, may not comply with legal requirements of foreign countries. Any portion of this Software is void where and to the extent prohibited by law.
If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.
Failure by IACRC to prosecute any right with respect to a default hereunder will not constitute a waiver by IACRC of the right to enforce rights with respect to the same or any other breach.