Political contestability and public contract rigidity: An analysis of procurement contracts

Are public contracts less adaptable than private contracts? Using a comprehensive set of contracts for a standard product, we compare procurement contracts in which the procurer is either a public administration or a private corporation. We find that public-to-private contracts feature more rigidity...

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Bibliographic Details
Main Authors: Beuve, J. (Author), Moszoro, M.W (Author), Saussier, S. (Author)
Format: Article
Language:English
Published: Blackwell Publishing Inc. 2019
Subjects:
Online Access:View Fulltext in Publisher
Description
Summary:Are public contracts less adaptable than private contracts? Using a comprehensive set of contracts for a standard product, we compare procurement contracts in which the procurer is either a public administration or a private corporation. We find that public-to-private contracts feature more rigidity clauses than private-to-private contracts and that the use of rigidity clauses in public contracts rises when political risks are more salient. We argue that a significant part of the increased rigidity of public contracts is a contractual adaptation to limit political hazards from political opponents and interested third parties. © 2018 Wiley Periodicals, Inc.
ISBN:10586407 (ISSN)
DOI:10.1111/jems.12268