How to spot a tender that is already decided

A tender that is already decided, often called a sham, wired or rigged tender, is one whose specification or conditions are shaped so that only one supplier can realistically win. Bidders report recurring warning signs, such as brand-specific requirements or specifications copied from a competitor's material. No sign proves anything alone, but together they justify a clarification question or a no-bid decision.

Last updated 15 September 2026 5 min read

General guidance, not legal advice. Public procurement rules differ by country, by buyer and by procedure, and the tender documents and the law that governs them decide. Where a guide cites a rule, it names the jurisdiction and links the official text.

What a pre-decided tender is

A pre-decided tender is a procurement whose outcome is effectively settled before it is published. The requirements, the award criteria or the timetable are shaped so that one supplier, usually the incumbent or a supplier the buyer already favours, is the only realistic winner. Bidders call it a sham, wired or rigged tender, and describe the procedure as run to satisfy the advertising rules rather than to choose. The other bidders spend time and money on a bid that cannot win.

Many apparent warning signs have innocent explanations, and the rules push the other way: in the EU a buyer may not design a procurement to favour particular suppliers. The skill is telling the two apart quickly, before the bid budget is spent.

What the rules say in the EU

Directive 2014/24/EU addresses the problem directly:

Article 18(1): a procurement must not be designed with the intention of artificially narrowing competition, which the Directive defines as designing it with the intention of unduly favouring or disadvantaging certain suppliers.
Article 42(4): unless the subject-matter justifies it, technical specifications must not refer to a specific make or source, a particular process, trade marks, patents or a specific origin in a way that favours or eliminates certain suppliers or products. Where such a reference is exceptionally allowed, it must be accompanied by the words "or equivalent".
Articles 40 and 41: a buyer may consult the market before a procurement. Where a supplier advised the buyer or helped prepare the procedure, the buyer must take measures so that competition is not distorted, including sharing the relevant information with the other bidders and setting adequate time limits.
Article 46(1): a buyer that decides not to divide a contract into lots must give the main reasons.

Other jurisdictions set their own rules on specifications and competition; check the law that governs the procedure.

Warning signs bidders report

Bidders who have lost this way describe a recurring pattern. Treat each sign as a question to investigate, not as proof.

Sign	Why it matters	Innocent explanation to rule out
The specification names a brand, model or proprietary process, with no "or equivalent"	Only one supplier or reseller can comply	Compatibility with equipment the buyer already runs
Wording or item descriptions match one supplier's website or datasheet	The specification may have been written from that supplier's material	A common industry standard, or a lawful market consultation
Experience requirements mirror one supplier's history exactly	Few or no other suppliers qualify	A genuinely specialised requirement
An unusually short response time for a complex contract	Only a supplier who already knew the details can respond well	Urgency that the notice explains
Award criteria that reward knowledge only the incumbent has, such as familiarity with the current configuration	Scores are decided before bids arrive	Transition risk the buyer is entitled to weigh
One large contract where lots would be expected, with no reasons given	Only large suppliers can bid	Reasons may be in the documents or the procurement report
The notice follows a visible pilot or trial with one supplier	The buyer may already have chosen	A lawful market consultation

What you can do

Ask a clarification question. Ask whether an equivalent product or method is acceptable, or whether a requirement can be met another way. A neutral question costs little, and the answer, which usually goes to every bidder, may open up the competition. See Clarification questions in public tenders.
Look for earlier market engagement. Check the portal for a prior information notice or a published market consultation. In the EU, relevant information exchanged with a supplier that helped prepare the procedure must be shared with the other bidders (Article 41).
Decide with numbers. Set the cost of bidding against a realistic chance of winning. A tender that fits one supplier only is a no-bid unless the relationship or the learning is worth the cost.
Use the formal routes if a requirement is unlawful. Where a specification breaches the rules, the review procedures of the governing law apply. Their time limits can be short and can start running before the tender closes, so take advice early rather than after the award. See Sealed bids, debriefs and challenging a tender award.
Bid to be known, deliberately. Some suppliers bid while expecting to lose, to be visible to the buyer next time. That is a legitimate commercial choice when it is made on purpose.

Screening for it at scale

If you review many notices, write your red lines into the screening itself. In Tender Navigator, a filter's AI prompt can carry them, for example "mark as Unmatched if the notice requires a named brand we do not supply", and the reasoning on each result shows whether the rule was applied. The AI reads the notice text Tender Navigator holds, not the attached tender documents, so the final check stays with your team.

Frequently asked questions

Is it illegal for a buyer to write a specification around one supplier?

In the EU, designing a procurement with the intention of unduly favouring or disadvantaging particular suppliers is not allowed (Directive 2014/24/EU, Article 18), and a specification may not name a make, source or trade mark unless the subject-matter justifies it, in which case "or equivalent" must be added (Article 42). A detailed specification is not unlawful in itself when the buyer's needs justify it. Other jurisdictions have their own rules, so check the law that governs the procedure.

Should we bid if the incumbent looks certain to win?

Only if the expected value justifies the cost. Incumbents often win re-tenders because they know the contract, not because the procedure is rigged. If the documents are open and the award criteria reward what you do well, a strong challenger bid can win; if the specification fits only the incumbent, the effort is usually better spent elsewhere.

Can we ask the buyer to accept an equivalent product?

Yes. A clarification question such as "Will an equivalent product that meets the same performance requirements be accepted?" is neutral and common. In the EU, where a specification refers to a brand or source at all, the reference must be accompanied by "or equivalent" (Directive 2014/24/EU, Article 42(4)).