Home Will Procurement Officials be Biased to Disregard Procurement Rules in Favor of a Low-priced, Albeit Defective, Bid?
Article
Licensed
Unlicensed Requires Authentication

Will Procurement Officials be Biased to Disregard Procurement Rules in Favor of a Low-priced, Albeit Defective, Bid?

  • Omer Dekel EMAIL logo and Yoav Dotan
Published/Copyright: August 16, 2017
Become an author with De Gruyter Brill

Abstract

To what extent are professional decision-makers in the field of public procurement susceptible to cognitive biases? Recent research found a bias in favor of the lower bidder when ranking competing bids (Dekel and Schurr 2014, “Cognitive Biases in Government Procurement – an Experimental Study with Real Bid Evaluators,” 10(2) Review of Law and Economics 169–200). In the present research we examine this question regarding another stage of the public procurement process – the qualification stage. To this end, we conducted a series of experiments with the participation of procurement officials in situations that closely resemble their daily work. Our main finding is that even though procurement officials are susceptible to a cognitive bias when they have to score competing bids, they overcome that bias when asked to decide whether to qualify faulty or questionable bids. We cautiously ascribe this difference to the different types of decision-making involved, and suggest further explorations of these insights.

JEL Classification: D44; D73; H57; K23; L51

Appendices

A Experiment 1 Form

Invitation for Bids 122/15 for the Supply of three Ship to Shore (STS) Container Cranes

Towards the opening of the new dock at Haifa Port, The Haifa Port Company Ltd., a government-owned company, issued an international invitation for bids (IFB) for the supply of three Ship-to-Shore (STS) container cranes.

The prior assessment as to the transaction cost is US$ 51 million.

[1st version: After the completion of the prerequisite review (and before scoring the technical part of the bids and opening the price envelopes) the following table was presented to the contracting committee members, in order to decide which bids will be passed on to the IFB’s next stage.]

[2nd version: After the completion of the prerequisite review (and before the scoring of the technical part of the bids) the following table was presented to the contracting committee members, in order to decide which bids will be passed on to the IFB’s next stage.]

2nd version only: Prior assessment: US$ 51 millionThe bid priceComplying with the European and the Canadian standardsThe bidder has at least15 years’ experience in the fieldThe bidder sold at least twelve STS cranes in the last three yearsCommitment to provide service to the acquired cranes for at least seven yearsComments
Bid AUS$ 56,000,000VVVVThe bid complies with the requirements.
Bid BUS$ 52,000,000VVVVThe bid complies with the requirements. The bidder supplied cranes to the port in the past.
Bid CUS$ 52,000,000VVV (See comment)VThe bid complies with the requirements. The bidder has 37 years of experience.
Bid DUS$ 50,000,000VVV (See comment)VThe bidder has 32 years of experience in manufacturing cranes, and 17 years of experience in manufacturing STS cranes.
Bid EUS$ 60,000,000VVVVThe bid complies with the requirements.
Bid FUS$ 48,500,000See commentVVVThe bidder complies only with the European standard; anticipates receiving the Canadian standard within 10 days.
Bid GUS$ 57,000,000VVVVThe bid complies with the requirements.
Bid HUS$ 54,500,000VV (See comment)VVThe bid complies with the requirements. The bidder gave a 10-year guarantee.

[1st version: Circle the bids that you would advance to the next stage (which involves the scoring of the technical parts and opening of the price envelopes):]

[2nd version: Circle the bids that you would advance to the next stage (which involves the scoring of the technical parts and choosing of the CB winner):]

Bid ABid BBid CBid DBid EBid FBid GBid H

B Experiment 2 Form

Invitation for Bids 122/15 for the Supply of three Ship to Shore (STS) Container Cranes

Towards the opening of the new dock at Haifa Port, The Haifa Port Company Ltd., a government-owned company, issued an international invitation for bids (IFB) for the supply of three Ship-to-Shore (STS) container cranes.

The prior assessment as to the transaction cost is US$ 51 million.

[1st version: After the completion of the prerequisite review (and before scoring the technical part of the bids and opening the price envelopes) the following table was presented to the contracting committee members, in order to decide which bids will be passed on to the IFB’s next stage.]

[2nd version: After the completion of the prerequisite review (and before the scoring of the technical part of the bids) the following table was presented to the contracting committee members, in order to decide which bids will be passed on to the IFB’s next stage.]

2nd version only: Prior assessment: US$ 51 millionThe bid priceComplying with the European and the Canadian standardsThe bidder has at least15 years’ experience in the fieldThe bidder sold at least twelve STS cranes in the past three yearsCommitment to provide service to the acquired cranes for at least seven yearsComments
Bid AUS$ 56,000,000VVVVThe bid complies with the requirements.
Bid BUS$ 52,000,000VVVVThe bid complies with the requirements. The bidder supplied cranes to the port in the past.
Bid CUS$ 52,000,000VVV (See comment)VThe bid complies with the requirements. The bidder has 37 years of experience.
Bid DUS$ 48,500,000VVSee commentVThe bidder has 32 years of experience in manufacturing cranes, but only 8 years of experience in manufacturing STS cranes.
Bid EUS$ 60,000,000VVVVThe bid complies with the requirements.
Bid FUS$ 50,000,000VVVVThe bid complies with the requirements.
Bid GUS$ 57,000,000VVVVThe bid complies with the requirements.
Bid HUS$ 54,500,000VV (See comment)VVThe bid complies with the requirements. The bidder gave a 10-year guarantee.

[1st version: Circle the bids that you would advance to the next stage (which involves the scoring of the technical parts and opening of the price envelopes):]

[2nd version: Circle the bids that you would advance to the next stage (which involves the scoring of the technical parts and choosing of the CB winner):]

Bid ABid BBid CBid DBid EBid FBid GBid H

C Experiment 3 Form

Invitation for Bids 122/15 for the Supply of three Ship to Shore (STS) Container Cranes

Towards the opening of the new dock at Haifa Port, The Haifa Port Company Ltd., a government-owned company, issued an international invitation for bids (IFB) for the supply of three Ship-to-Shore (STS) container cranes.

The prior assessment as to the transaction cost is US$ 51 million.

[1st version: After the completion of the prerequisite review (and before scoring the technical part of the bids and opening the price envelopes) the following table was presented to the contracting committee members, in order to decide which bids will be passed on to the IFB’s next stage.]

[2nd version: After the completion of the prerequisite review (and before the scoring of the technical part of the bids) the following table was presented to the contracting committee members, in order to decide which bids will be passed on to the IFB’s next stage.]

2nd version only: Prior assessment: US$ 51 millionThe bid priceComplying with the European and the Canadian standardsThe bidder has at least15 years’ experience in the fieldThe bidder sold at least twelve STS cranes in the last three yearsCommitment to provide service to the acquired cranes for at least seven yearsComments
Bid AUS$ 56,000,000VVVVThe bid complies with the requirements.
Bid BUS$ 52,000,000VVVVThe bid complies with the requirements. The bidder supplied cranes to the port in the past.
Bid CUS$ 52,000,000VVV(See comment)VThe bid complies with the requirements. The bidder has 37 years of experience.
Bid DUS$ 50,000,000VVSee commentVThe bidder has 32 years of experience in manufacturing cranes, but only 8 years of experience in manufacturing STS cranes.
Bid EUS$ 60,000,000VVVVThe bid complies with the requirements.
Bid FUS$ 48,500,000See commentVVVThe bidder complies only with the European standard: anticipates receiving the Canadian standard within 10 days.
Bid GUS$ 57,000,000VVVVThe bid complies with the requirements.
Bid HUS$ 54,500,000VV (See comment)VVThe bid complies with the requirements. The bidder gave a 10-year guarantee.

[1st version: Circle the bids that you would advance to the next stage (which involves the scoring of the technical parts and opening of the price envelopes):]

[2nd version: Circle the bids that you would advance to the next stage (which involves the scoring of the technical parts and choosing of the CB winner):]

Bid ABid BBid CBid DBid EBid FBid GBid H

Bibliography

Ask, K., and P.A. Granhag. 2007. “Motivational Bias in Criminal Investigators’ Judgments of Witness Reliability,” 37 Journal of Applied Social Psychology 561–591.10.1111/j.1559-1816.2007.00175.xSearch in Google Scholar

Bazerman, M.H., G.F. Loewenstein, and S.B. White. 1992. “Reversals of Preference in Allocation Decisions: Judging an Alternative versus Choosing among Alternatives,” 37 Administrative Science Quarterly 220–240.10.2307/2393222Search in Google Scholar

Bazerman, M.H., D.A. Moore, A.E. Tenbrunsel, K.A. Wade-Benzoni, and S.B. White. 1999. “Explaining How Preferences Change across Joint versus Separate Evaluation,” 39 Journal of Economic Behavior and Organization 41–58.10.1016/S0167-2681(99)00025-6Search in Google Scholar

Bazerman, M.H., and A.E. Tenbrunsel. 2011. Blind Spots: Why We Fail to Do What’s Right and What to Do about It. Princeton, NJ: Princeton University Press.10.1515/9781400837991Search in Google Scholar

Beckwith, N.E., and D.R. Lehmann. 1975. “The Importance of Halo Effects in Multi-Attribute Attitude Models,” 12 Journal of Marketing Research 265–275.10.2307/3151224Search in Google Scholar

Carlson, K.A., and J.E. Russo. 2001. “Biased Interpretation of Evidence by Mock Jurors,” 7 Journal of Experimental Psychology: Applied 91–103.10.1037/1076-898X.7.2.91Search in Google Scholar

Chapman, G.B., and B.H. Bornstein. 1996. “The More You Ask For, the More You Get: Anchoring in Personal Injury Verdicts,” 10(6) Applied Cognitive Psychology 519–540.10.1002/(SICI)1099-0720(199612)10:6<519::AID-ACP417>3.0.CO;2-5Search in Google Scholar

Chugh, D., M.H. Bazerman, and M.R. Banaji. 2005. “Bounded Ethicality as a Psychological Barrier to Recognizing Conflicts of Interest,” in D.A. Moore, D.M. Cain, G. Loewenstein and M.H. Bazerman, eds. Conflicts of Interest: Challenges and Solutions in Business, Law, Medicine, and Public Policy, 74–95. New York: Cambridge Univ. Press.10.1017/CBO9780511610332.006Search in Google Scholar

Craig, S.N., D. Read, and S. López-Rodríguez 2010. Consumer Perceptions of Corporate Social Responsibility: The CSR Halo Effect. INSEAD Working Paper No. 2010/16/INSEAD Social Innovation Centre. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1577000Search in Google Scholar

Dekel, O., and A. Schurr. 2014. “Cognitive Biases in Government Procurement – an Experimental Study with Real Bid Evaluators,” 10(2) Review of Law and Economics 169–200.10.1515/rle-2014-0019Search in Google Scholar

Eerland, A., and E. Rassin. 2012. “Biased Evaluation of Incriminating and Exonerating (Non) Evidence,” 18 Psychology, Crime and Law 351–358.10.1080/1068316X.2010.493889Search in Google Scholar

Feldman, Y., and A. Harel. 2008. “Social Norms, Self-Interest and Ambiguity of Legal Norms: An Experimental Analysis of the Rule Vs. Standard Dilemma,” 4 Review of Law and Economics 81–126.10.2202/1555-5879.1205Search in Google Scholar

Felton, J., J.B. Mitchell, and M. Stinson. 2004. “Web-Based Student Evaluations of Professors: The Relations between Perceived Quality, Easiness, and Sexiness,” 19 Assessment and Evaluation in Higher Education 91–108.10.1080/0260293032000158180Search in Google Scholar

Fischer, G.W., Z. Carmon, D. Ariely, and G. Zauberman. 1999. “Goal-Based Construction of Preferences: Task Goals and the Prominence Effect,” 45 Management Science 1057–1075.10.1287/mnsc.45.8.1057Search in Google Scholar

Gino, F., and M.H. Bazerman. 2009. “When Misconduct Goes Unnoticed: The Acceptability of Gradual Erosion in Others’ Unethical Behavior,” 45 Journal of Experimental Social Psychology 708–719.10.1016/j.jesp.2009.03.013Search in Google Scholar

Gino, F., D.A. Moore, and M.H. Bazerman. 2009. “See No Evil: Why We Fail to Notice Unethical Behavior,” in R.M. Kramer, A.E. Tenbrunsel and M.H. Bazerman, eds. Social Decision Making: Social Dilemmas, Social Values, and Ethical Judgments, 241–263. New York: Psychology.Search in Google Scholar

Guthrie, C., J.J. Rachlinski, and A.J. Wistrich. 2001. “Inside the Judicial Mind,” 86 Cornell Law Review 777–830.10.2139/ssrn.257634Search in Google Scholar

Guthrie, C., J.J. Rachlinski, and A.J. Wistrich. 2007. “Blinking on the Bench: How Judges Decide Cases,” 93 Cornell Law Review 1–44.Search in Google Scholar

Guthrie, C., J.J. Rachlinski, and A.J. Wistrich. 2009. “The Hidden Judiciary: An Empirical Examination of the Executive Branch Justice,” 58 Duke Law Journal 1477–1530.10.2139/ssrn.1374346Search in Google Scholar

Hastie, R., D.A. Schkade, and J.W. Payne. 1999. “Juror Judgments in Civil Cases: Hindsight Effects on Judgments of Liability for Punitive Damages,” 23(5) Law and Human Behavior 597–614.10.1023/A:1022352330466Search in Google Scholar

Hsee, C.K. 1996. “The Evaluability Hypothesis: An Explanation for Preference Reversals between Joint and Separate Evaluations of Alternatives,” 67 Organizational Behavior and Human Decision Processes 247–257.10.1006/obhd.1996.0077Search in Google Scholar

Hsee, C.K., and J. Zhang. 2010. “General Evaluability Theory,” 5 Perspectives of Psychological Science 343–355.10.1177/1745691610374586Search in Google Scholar

Kelman, M., Y. Rottenstreich, and A. Tversky. 1996. “Context-Dependence in Legal Decision Making,” 25 The Journal of Legal Studies 287–318.10.1086/467979Search in Google Scholar

Kunda, Z. 1987. “Motivation and Inference: Self-Serving Generation and Evaluation of Evidence,” 53 Journal of Personality and Social Psychology 636–647.10.1037/0022-3514.53.4.636Search in Google Scholar

Kunda, Z. 1990. “The Case for Motivated Reasoning,” 108 Psychological Bulletin 480–498.10.1037/0033-2909.108.3.480Search in Google Scholar

Lichtenstein, S., and P. Slovic. 1971. “Reversal of Preferences between Bids and Choices in Gambling Decisions,” 89 Journal of Experimental Psychology 46–55.10.1037/h0031207Search in Google Scholar

Mazar, N., O. Amir, and D. Ariely. 2008. “The Dishonesty of Honest People: A Theory of Self-Concept Maintenance,” 45 Journal of Marketing Research 633–644.10.1509/jmkr.45.6.633Search in Google Scholar

Mulder, L.B., J. Jordan, and F. Rink. 2015. “The Effect of Specific and General Rules on Ethical Decisions,” 126 Organizational Behavior and Human Decision Processes 115–129.10.1016/j.obhdp.2014.11.002Search in Google Scholar

Nickerson, R.S. 1998. “Confirmation Bias: A Ubiquitous Phenomenon in Many Guises,” 2 Review of General Psychology 175–220.10.1037/1089-2680.2.2.175Search in Google Scholar

Nisbett, R.E., and T.D. Wilson. 1977. “The Halo Effect: Evidence for Unconscious Alteration of Judgments,” 35 Journal of Personality and Social Psychology 250–256.10.1037/0022-3514.35.4.250Search in Google Scholar

O’Brian, B. 2009. “Prime Suspect: An Examination of Factors that Aggravate and Counteract Confirmation Bias in Criminal Investigations,” 15 Psychology, Public Policy and Law 315–334.10.1037/a0017881Search in Google Scholar

Payne, J.W. 1976. “Task Complexity and Contingent Processing in Decision Making: An Information Search and Protocol Analysis,” 16 Organizational Behavior and Human Performance 366–387.10.1016/0030-5073(76)90022-2Search in Google Scholar

Rachlinski, J., C. Guthrie, and A.J. Wistrich. 2006. “Inside the Bankruptcy Judge’s Mind,” 86 Boston University Law Review 1227–1265.Search in Google Scholar

Rachlinski, J.J. 2012. “Judicial Psychology,” 2 Rechtstreeks 15–34.Search in Google Scholar

Rassin, E., A. Eerland, and I. Kuijpers. 2010. “Let’s Find the Evidence: An Analogue Study of Confirmation Bias in Criminal Investigations,” 7 Journal of Investigative Psychology and Offender Profiling 231–246.10.1002/jip.126Search in Google Scholar

Rilke, R.M., A. Schurr, R. Barkan, and S. Shalvi. 2016. “One-by-One or All-at-Once? Self-Reporting Policies and Dishonesty,” 7 Frontiers in Psychology 113.10.3389/fpsyg.2016.00113Search in Google Scholar

Schurr, A., I. Ritov, Y. Kareev, and J. Avrahami. 2012. “Is that the Answer You Had in Mind? the Effect of Perspective on Unethical Behavior,” 7(6) Judgment and Decision Making 679–688.10.1017/S1930297500003235Search in Google Scholar

Smith, J.L., and J.A. Todd. 2015. “Rules, Standards, and Lower Court Decisions,” 3(2) Journal of Law and Courts 257–275.10.1086/681544Search in Google Scholar

Swait, J., and W. Adamowicz. 2001. “The Influence of Task Complexity on Consumer Choice: A Latent Class Model of Decision Strategy Switching,” 28 Journal of Consumer Research 135–148.10.1086/321952Search in Google Scholar

Taleb, N.N., and P.E. Tetlock 2013. On the Difference between Binary Prediction and True Exposure with Implications for Forecasting Tournaments and Decision Making Research. Available at SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=228496410.2139/ssrn.2284964Search in Google Scholar

Thompson, L., and G. Lowenstein. 1992. “Egocentric Interpretations of Fairness and Interpersonal Conflict,” 51 Organizational Behavior and Human Decision Processes 176–197.10.1016/0749-5978(92)90010-5Search in Google Scholar

Thorndike, E.L. 1920. “A Constant Error in Psychological Ratings,” IV Journal of Applied Psychology 25–29.10.1037/h0071663Search in Google Scholar

Tversky, A. 1972. “Elimination by Aspects: A Theory of Choice,” 79 Psychological Review 281–299.10.1037/h0032955Search in Google Scholar

Tversky, A., and D. Kahneman. 1974. “Judgment under Uncertainty: Heuristics and Biases,” 185(4157) Science 1124–1131.10.1126/science.185.4157.1124Search in Google Scholar

Tversky, A., and D. Kahneman. 1986. “Rational Choice and the Framing of Decisions,” 59 The Journal of Business 251–278.10.1086/296365Search in Google Scholar

Tversky, A., S. Sattath, and P. Slovic. 1988. “Contingent Weighting in Judgment and Choice,” 95 Psychological Review 371–384.10.1037/0033-295X.95.3.371Search in Google Scholar

Wistrich, A.J., C. Guthrie, and J.J. Rachlinski. 2005. “Can Judges Ignore Inadmissible Information? the Difficulty of Deliberately Disregarding,” 153 University of Pennsylvania Law Review 1251–1345.10.2307/4150614Search in Google Scholar

Wood, R.E. 1986. “Task Complexity: Definition of the Construct,” 37 Organizational Behavior and Human Decision Processes 60–82.10.1016/0749-5978(86)90044-0Search in Google Scholar

Published Online: 2017-08-16

© 2018 Walter de Gruyter GmbH, Berlin/Boston

Downloaded on 19.11.2025 from https://www.degruyterbrill.com/document/doi/10.1515/rle-2016-0014/pdf
Scroll to top button