IDEAS home Printed from https://ideas.repec.org/a/vrs/njopap/v12y2019i2p233-250n10.html
   My bibliography  Save this article

Transaction Costs, Outsourcing, and the Public Procurement Review Process in the Czech Republic and Slovakia

Author

Listed:
  • Šumpíková Markéta

    (The College of Regional Development and Banking Institute – AMBIS, Czech Technical University Prague, Czech Republic.)

  • Ďurčeková Ina

    (Matej Bel University, Banská Bystrica, Slovakia.)

Abstract

Public procurement is a crucial activity undertaken by the public sector. However, public procurement entails a wide range of transaction costs. While many papers focus on the ex-ante transaction costs, it is equally important to evaluate the types of ex-post transaction costs. The disputes stemming from conflicts between procuring authorities and proposers often bring additional costs to both parties. One of the ways to ensure that the procuring authority wins the dispute is using the services of an external law firm to represent the procuring authority in the review process. The aim of the paper is to examine the extent of the use of external law services in the public-procurement review process by procuring authorities and proposers in Slovakia and in the Czech Republic. The focus is also on the impact the use of external law firms in the review process may have on the length of the review process and the outcome of the dispute. Our results suggest that while the use of the external law firm may lead to a higher success rate of the review process on the side of a procuring authority, the same does not apply to proposers. There were no conclusive findings regarding the impact of the outsourcing on the length of the review process.

Suggested Citation

  • Šumpíková Markéta & Ďurčeková Ina, 2019. "Transaction Costs, Outsourcing, and the Public Procurement Review Process in the Czech Republic and Slovakia," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 12(2), pages 233-250, December.
    • Handle: RePEc:vrs:njopap:v:12:y:2019:i:2:p:233-250:n:10
    DOI: 10.2478/nispa-2019-0021
    as

    Download full text from publisher

    File URL: https://doi.org/10.2478/nispa-2019-0021
    Download Restriction: no
    File URL: https://libkey.io/10.2478/nispa-2019-0021?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Bajari, Patrick & Tadelis, Steven, 2001. "Incentives versus Transaction Costs: A Theory of Procurement Contracts," RAND Journal of Economics, The RAND Corporation, vol. 32(3), pages 387-407, Autumn.
    2. Claude Ménard & Michel Ghertman (ed.), 2009. "Regulation, Deregulation, Reregulation," Books, Edward Elgar Publishing, number 13188.
    3. Asian Development Bank (ADB), 2013. "Outsourcing Procurement in the Public Sector," ADB Reports RPT135769, Asian Development Bank (ADB), revised 13 Dec 2013.
    4. Jan Pavel & Emilia Sičáková-Beblavá, 2009. "Testing the Validity of the Brown-Potoski Model in the Czech and Slovak Republics," Prague Economic Papers, Prague University of Economics and Business, vol. 2009(4), pages 327-341.
    5. Grega Matus & Orviska Marta & Nemec Juraj & Lawson Colin, 2019. "Factors Determining the Efficiency of Slovak Public Procurement," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 12(1), pages 43-68, June.
    6. Tadelis, Steven, 2012. "Public procurement design: Lessons from the private sector," International Journal of Industrial Organization, Elsevier, vol. 30(3), pages 297-302.
    7. Luboš Dufek, 2013. "Measuring private transaction costs of public procurement: Case of the Czech Republic," Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis, Mendel University Press, vol. 61(2), pages 317-325.
    8. George A. Akerlof, 1970. "The Market for "Lemons": Quality Uncertainty and the Market Mechanism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 84(3), pages 488-500.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Dakshina G. De Silva & Timothy Dunne & Georgia Kosmopoulou & Carlos Lamarche, 2015. "Project modifications and bidding in highway procurement auctions," FRB Atlanta Working Paper 2015-14, Federal Reserve Bank of Atlanta.
    2. W. Bentley MacLeod, 2006. "Reputations, Relationships and the Enforcement of Incomplete Contracts," CESifo Working Paper Series 1730, CESifo.
    3. Jongeneel, Roel & Polman, Nico, 2014. "Farmer groups as a device to ensure the provision of green services in the Netherlands: a political economy perspective," 2014 International Congress, August 26-29, 2014, Ljubljana, Slovenia 186674, European Association of Agricultural Economists.
    4. Sergey Belev & Olga Boldareva & Ilya Sokolov & Anna Zolotareva, 2013. "Features of the Public Procurements of Innovation Products in Russian and the World," Published Papers 166, Gaidar Institute for Economic Policy, revised 2013.
    5. Williamson, Oliver, 2009. "The Theory of the Firm as Governance Structure: From Choice to Contract," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 6, pages 111-134, December.
    6. Jongeneel, Roel & Pollman, Nico, 2014. "Farmer groups as a device to ensure the provision of green services in the Netherlands: a political economy perspective," 2014 International Congress, August 26-29, 2014, Ljubljana, Slovenia 186379, European Association of Agricultural Economists.
    7. Miguel Vazquez & Michelle Hallack, 2017. "Efficiency versus transaction costs in multidimensional auctions: the case of Brazilian oil and gas lease auctions," IEFE Working Papers 94, IEFE, Center for Research on Energy and Environmental Economics and Policy, Universita' Bocconi, Milano, Italy.
    8. Alexander Cuntz & Franziska Kaiser, 2020. "Batman forever? The economics of overlapping rights," WIPO Economic Research Working Papers 61, World Intellectual Property Organization - Economics and Statistics Division.
    9. Jonas Heese & Gerardo Pérez‐Cavazos, 2019. "Fraud Allegations and Government Contracting," Journal of Accounting Research, Wiley Blackwell, vol. 57(3), pages 675-719, June.
    10. Klara Granheimer & Per-Erik Eriksson & Tina Karrbom Gustavsson, 2022. "Adaptability in Public Procurement of Engineering Services Promoting Carbon Reduction: An Organizational Control Perspective," Sustainability, MDPI, vol. 14(10), pages 1-18, May.
    11. de Brux, Julie, 2010. "The Dark and Bright Sides of Renegotiation: An Application to Transport Concession Contracts," Utilities Policy, Elsevier, vol. 18(2), pages 77-85, June.
    12. Grega Matus & Orviska Marta & Nemec Juraj & Lawson Colin, 2019. "Factors Determining the Efficiency of Slovak Public Procurement," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 12(1), pages 43-68, June.
    13. Yizhaq Minchuk & Aner Sela, 2021. "Subsidy and Taxation in All-Pay Auctions under Incomplete," Working Papers 2104, Ben-Gurion University of the Negev, Department of Economics.
    14. Ram Singh, 2018. "Public–private partnerships vs. traditional contracts for highways," Indian Economic Review, Springer, vol. 53(1), pages 29-63, December.
    15. Birger Wernerfelt, 2008. "Bargaining Before or After Communication?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 164(2), pages 211-229, June.
    16. Anandasivam Gopal & Konduru Sivaramakrishnan, 2008. "Research Note ---On Vendor Preferences for Contract Types in Offshore Software Projects: The Case of Fixed Price vs. Time and Materials Contracts," Information Systems Research, INFORMS, vol. 19(2), pages 202-220, June.
    17. W. Bentley MacLeod, 2007. "Reputations, Relationships, and Contract Enforcement," Journal of Economic Literature, American Economic Association, vol. 45(3), pages 595-628, September.
    18. Patrick L. Warren, 2014. "Contracting officer workload, incomplete contracting, and contractual terms," RAND Journal of Economics, RAND Corporation, vol. 45(2), pages 395-421, June.
    19. Avinadav, Tal & Shamir, Noam, 2021. "The effect of information asymmetry on ordering and capacity decisions in supply chains," European Journal of Operational Research, Elsevier, vol. 292(2), pages 562-578.
    20. Nilsson, Jan-Eric, 2012. "Procurement and contract design in the construction industry: … not one size fits all," Working papers in Transport Economics 2012:26, CTS - Centre for Transport Studies Stockholm (KTH and VTI).

    More about this item

    Keywords

    transaction costs; outsourcing; public procurement; complaints; review; supervisory authority; rationality;
    All these keywords.

    JEL classification:

    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • H57 - Public Economics - - National Government Expenditures and Related Policies - - - Procurement
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:njopap:v:12:y:2019:i:2:p:233-250:n:10. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.