24. There is a risk that high bidding costs could encourage contractors to discuss with each other their approach to bidding for PFI contracts. The Major Contractors Group said that, at the level of individual contracts, its members did not discuss such practices as pricing and contingency funds for penalty clauses or any other matters which related to how they would approach individual contracts and tendering. Their members did, however, discuss issues such as risk allocation and general points of contract and bid costs where they felt it appropriate to take these issues forward as an industry for discussion with the OGC.44
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44 Qs 240-245