Third-Party Opportunism and the Nature of Public Contracts
31 Pages Posted: 22 Dec 2012 Last revised: 4 Dec 2021
Date Written: December 2012
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.
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