Third-Party Opportunism and the Nature of Public Contracts

Working Paper: NBER ID: w18636

Authors: Marian W. Moszoro; Pablo T. Spiller

Abstract: The lack of flexibility in public procurement design and implementation reflects public agents' political risk adaptation to limit hazards from opportunistic third parties - political opponents, competitors, interest groups - while externalizing the associated adaptation costs to the public at large. Reduced flexibility limits the likelihood of opportunistic challenge lowering third parties' expected gains and increasing litigation costs. We provide a comprehensible theoretical framework with empirically testable predictions.

Keywords: No keywords provided

JEL Codes: D23; D72; D73; D78; H57


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
Increasing contract specificity and rigidity (D86)Decreased likelihood of successful third-party challenges (K16)
Increased contract rigidity (D86)Higher implementation costs and final prices for public contracts (H57)
Higher rigidity (L15)Higher costs (G19)
Higher rigidity (L15)Lower likelihood of challenges (D81)
Likelihood of opportunistic challenges is convex and monotonically decreasing in contract rigidity (D86)Decreased likelihood of opportunistic challenges (I14)
Increased contract rigidity (D86)Increasing adaptation costs (Q52)

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