Contractual opportunism in public procurement practice: the three tests

Vašek, Jan; Harnach, Jiří; Kelly, Stephen

Abstract

Public sector buyers seek to put contracts in place that give them adaptation options and minimise supplier opportunism. However, there is a fine line between hard bargaining and contractual opportunism. This paper investigates this difference through an analysis of six contractual clauses and identifies three new distinguishing constructs: Transparency of intent, formulation, and implementation. Regulators and practitioners can use this study to determine whether a contractual clause harms competition or may be accepted as legitimate hard bargaining. The study also provides guidelines for buyers to avoid suspicion of opportunism while pursuing legitimate business needs.

Citation

Vašek, J., Harnach, J., & Kelly, S. (2024, March). Contractual opportunism in public procurement practice: the three tests. Paper presented at The 33rd Annual International Purchasing and Supply Education and Research Association Conference, Rio de Janeiro

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: The 33rd Annual International Purchasing and Supply Education and Research Association Conference
• Conference Location: Rio de Janeiro
• Start Date: Mar 24, 2024
• End Date: Mar 27, 2024
• Deposit Date: Apr 7, 2024
• Publisher URL: https://ipsera2024.com/