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Maar dan gaat het toch weer om de knikkers: De bijdrage van de concurrentiegerichte dialoog aan samenwerking tussen opdrachtgever en opdrachtnemer

Niezink, Kamiel (2009) Maar dan gaat het toch weer om de knikkers: De bijdrage van de concurrentiegerichte dialoog aan samenwerking tussen opdrachtgever en opdrachtnemer.

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Abstract:The competitive dialogue can be used by the contractor as well as the contracting authority in a cooperative or opportunistic manner. The specific conditions of the relationship between the public contracting authority and the private contractor make it that the two parties will do the latter. This study is about determining whether the competitive dialogue contributes to getting contractor and contracting authority to cooperate with one another. Studying the new institutional economic theory shows that the dialogue can make a contribution in making the contractor and contracting authority cooperate. Because parties can discuss al aspect of the contract the procedure contributes to a more complete contract. The less incomplete the contract the less adverse the interests of parties are, therefore the dialogue may contribute to getting parties cooperate. Problem is however that human actors have the tendency to act in an opportunistic way. The question, why parties are going to exchange information in the competitive dialogue, is therefore relevant. Trust between parties is often referred to by contractors and contracting authorities as the factor which is vital in getting them to cooperate. But that may not be correct. Scientific studies show that there are certain conditions which determine whether trust is suitable as a contract management tool or not. Studying these conditions in comparison to the relationship between contractor and contracting authority shows that in this relationship so called trust based management is not appropriate. In addition to that, insights from game theory show that not trust but interests are the key factor in getting parties to cooperate with one another. The interest of what is called the shadow of the future can be seen as decisive. The KOSMOS project shows that parties where seemingly pleased with the relationship they had exante contract. It was said that the specific way of doing things in the project had made a positive contribution. Using the competitive dialogue enhanced cooperation, openness and trust. This changed however after contracts were closed. Ex-post contract the relationship between parties was characterized by many discussions, misunderstandings, disputes and above all the budget of the contracting authority was exceeded immensely. The question is what happened? The process of KOSMOS however can be reconstructed by using different insights. Assuming that cooperation is about interests and not about trust, parties may well have used the dialogue for their own benefit and therefore have only shared the information they wanted to share. Although either contractor as contracting authority may have been willingly but only for as far as it wouldn’t make them vulnerable. In a prisoners dilemma the fear of being vulnerable stands in the way of reaching an optimal position. It is unnecessary to make harsh judgments. Contractor and contracting authority only followed their dominant strategy. Parties should pay more attention to interests and less to trust. Contractor and contracting authority however have and will have partly opposite interests as well as partly similar interests. Because the shadow of the future plays a decisive role in getting parties to cooperate in such a situation, a system of past performance should be introduced. Past performance however will give the contracting authority great power. With great power comes great responsibility is a very cliché saying but in this situation it couldn’t be more true.
Item Type:Essay (Master)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:85 business administration, organizational science
Programme:Business Administration MSc (60644)
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