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Competing Fairly in the Marketplace

“Relativity applies to physics, not ethics.”

ALBERT EINSTEIN, SCIENTIST

FLUOR SUCCEEDS in the marketplace because of our commitment to our core values, including Excellence. We deliver superior integrated solutions to our clients, and compete vigorously, honestly and fairly. We are fair and ethical in our dealings with each other and with third parties. We never make disparaging statements that are false or misleading about competitors or their services—or anything else.

    Fair and Open Competition

    We are subject to various competition laws, also known as antitrust laws, in the countries where we do business. These laws are designed to uphold the free market system and ensure that businesses compete to provide quality services at fair prices.

    Competition laws generally prohibit price fixing, dividing territories, agreeing to contract terms and other similar activities with competitors that negatively impact the market. They also prohibit certain agreements or understandings with our clients, suppliers and other business partners that may unlawfully restrict competition. These laws vary depending on where you are doing business. Many laws, including those of the United States, extend even to business in other countries. It is your responsibility to know and adhere to all the fair competition laws that apply to your work.

    Common Questions

      Probably not. Proposal costs may only be reimbursed if the process is fully transparent and acceptable to the prospective client. Typically, any reimbursement for bidding expenses is made by the prospective client.

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        Trade Associations

        If you attend trade association or industry conferences, exercise particular caution and do not discuss anticompetitive topics with a competitor, such as pricing information. If a competitor attempts to bring up a prohibited topic, you should stop the conversation immediately. You should then call the Law Department immediately for advice.

          Joint Venture Partners Who Are Also Competitors

          Fluor has many joint ventures with companies with which we otherwise compete. You must be careful not to use or discuss any pricing, cost or strategic information given or received outside the joint venture context. Such discussions could be deemed or lead to anticompetitive practices.

          RULES TO LIVE BY WHEN DEALING WITH COMPETITORS

          • Never discuss price or deal terms, whether formally or informally
          • Never agree to divide territories or markets, set margins, or set contract terms
          • Never take steps to eliminate competitors
          • Never share confidential bid or proposal terms
          • Never agree to compensate each other for costs related to bidding on work without the prior approval of the Law Department and disclosing it to the client
          • Clearly and openly refuse to participate in any discussions with competitors about prices, clients, contract terms or territories
          • Never attempt to do indirectly what you cannot do directly—even merely “testing the waters” with indirect comments or questions about deal terms or pricing is problematic and should be avoided
          • Never use information related to an upcoming or ongoing bidding process, especially in the government contracting arena
          • If you come into possession of any information marked confidential or proprietary, or you have had a potentially problematic discussion or interaction with a competitor that could be construed as anticompetitive, call the Law Department immediately for advice on what to do

          Can't find what you are looking for?

          Our Compliance and Ethics team here at Fluor are here for you. Please reach out if you are unsure or have any questions about our Code of Conduct or your responsibilities as a team member.

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