Local law required our client, a US construction firm, to form a joint venture to bid for a $1bn building project in a West African country. Two potential partners were identified. The client had concerns about their capabilities, experience, ethics, modus operandi and government connections.
Our investigation led to the rejection of one company because we identified undisclosed shareholder links to direct relatives of senior government officials involved in the bidding process - a clear FCPA red flag.
The other company had a good reputation, was independent of the government and had worked successfully with foreign companies in the past. However, it had limited experience in very large building projects, another potential red flag. External counsel reviewed our report and advised on structural changes to the contract to protect our client. A commercial agreement was entered into and the project proceeded as planned.
