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Article
Publication date: 9 May 2023

A.J. George and Julie-Anne Tarr

To increase university–industry collaboration and research commercialisation, the Australian government recently introduced the Intellectual Property (IP) Framework, a set of…

Abstract

Purpose

To increase university–industry collaboration and research commercialisation, the Australian government recently introduced the Intellectual Property (IP) Framework, a set of online standard contracts. This follows a predecessor standard contract initiative, the IP Toolkit, which has not previously been evaluated. This paper aims to examine standard contracting in the innovation sector, tracing the policymaking behind the IP Toolkit using the lens of Macneil’s relational contract theory, to assess prospects of success for the new IP Framework, and similar initiatives in other jurisdictions.

Design/methodology/approach

This is a disciplined-configurative case study, drawing on qualitative secondary data analysis and applying Macneil’s relational contracting theory to guide case construction and generate hypotheses around likely success of standard contracting initiatives (stakeholder sentiment, stakeholder adoption). Within-case analysis process-traces development of the IP Toolkit, to discover what the policymakers wanted, knew and computed – and to detail observable implications Macneil’s theory predicts. Its themes are triangulated with multiple sources.

Findings

The case study, via Macneil’s theory, confirms the first hypothesis (resistant stakeholder sentiment) and partly validates the second hypothesis (low levels of adoption), demonstrating limited suitability of standard contracting in the dynamic and highly uncertain space of university–industry collaboration.

Research limitations/implications

The study provides insights into the limited role that standard contracts can play in improving national collaborative research and development performance.

Originality/value

This is a novel theory-driven case study triangulated with previously unpublished data on the IP Toolkit’s website usage, and data from recent consultations on the new IP Framework. It has broader implications for other jurisdictions considering adoption of the standard contract model.

Details

Journal of Science and Technology Policy Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2053-4620

Keywords

Article
Publication date: 1 March 2015

Michael Regan, Peter E.D. Love and Jim Jim

Adversarial contracting methods are used for most public infrastructure procurement and timely delivery on budget remains a problem. In the past 20 years, OECD countries have…

Abstract

Adversarial contracting methods are used for most public infrastructure procurement and timely delivery on budget remains a problem. In the past 20 years, OECD countries have adopted a number of alternative procurement methods that are based on collaborative principles including public private partnerships, long-term outsourcing arrangements and relationship/alliance contracts. We review the theoretical principles that operate for both adversarial and collaborative contracting methods. We identify the characteristics of non-adversarial contracting methods such as the output specification, qualitative selection criteria, the alignment of incentives, discrete allocation of residual control rights, life cycle costing, and risk-weighted value for money measurement that are delivering better procurement outcomes for government.

Details

Journal of Public Procurement, vol. 15 no. 4
Type: Research Article
ISSN: 1535-0118

Article
Publication date: 1 March 2004

Sijun Wang and Michele D. Bunn

Public procurement activities have long been treated as a minor subset of industrial or business-to-business buying. Consequently, the literature reports sparse research on the…

Abstract

Public procurement activities have long been treated as a minor subset of industrial or business-to-business buying. Consequently, the literature reports sparse research on the nature of government buying or how commercial firms can successfully market to the government. While this lack of research may not have been critical with respect to traditional public buying, recent procurement reforms and new contracting arrangements suggest our knowledge of business-to-business buying is inadequate with respect to the new environment of public buying and government/business relationships. One important and unique issue is how to handle the relationship with business suppliers during the contract implementation process. This paper proposes a taxonomy of government/business relationships as an organizing framework for understanding the complexities of buyer-seller relationships in government contract implementation. Archival case studies provide illustrations and justification for the taxonomy.

Details

Journal of Public Procurement, vol. 4 no. 1
Type: Research Article
ISSN: 1535-0118

Article
Publication date: 25 May 2012

Arjan de Jong and Klaas Smit

Purpose – The purpose of this paper is to demonstrate that collaborative contracts enable inter‐organisational quality systems. Design/methodology/approach – The research…

Abstract

Purpose – The purpose of this paper is to demonstrate that collaborative contracts enable inter‐organisational quality systems. Design/methodology/approach – The research compares performance contracts with collaborative contracts, a new contract type whereby the contract parties align their objectives. The study uses game theory and describes the contract types as mechanism designs for comparison. The mechanisms are validated with a case study. The utility of the contract types is verified with Monte Carlo simulations using expert opinions. Findings – The research demonstrates that, under certain conditions, collaborative contracts enable inter‐organisational quality systems by facilitating the exchange of information between the contract parties and investments in inter‐organisational work processes. Practical implications – The use of collaborative contracts between an operator of a technical system and a maintenance organisation leads to improvements in inter‐organisational work processes, reducing maintenance costs and improving the availability of the technical system; thereby increasing the utility of all contract parties. Originality/value – The collaborative contract is a new contract type for maintenance services and the research method provides a new approach to enable inter‐organisational quality systems.

Details

Journal of Quality in Maintenance Engineering, vol. 18 no. 2
Type: Research Article
ISSN: 1355-2511

Keywords

Article
Publication date: 11 February 2019

Maria Claudia Solarte Vasquez, Mait Rungi and Katrin Merike Nyman-Metcalf

This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC) approach…

Abstract

Purpose

This paper aims to report on signs of public awareness and empowerment among the general public that are presumed to determine the viability of the smart contracting (SC) approach and identifies prevailing concerns regarding individual transactional experiences.

Design/methodology/approach

A mixed approach was followed to explore perceptions of self-regulation and transaction friendliness by using an interpretative multiple case study method and by presenting a descriptive summative analysis of the data.

Findings

On self-regulation, the study reveals spread awareness, empowerment, contractual competences and responsibility. Regarding transaction friendliness, subject matter influences transaction experiences the most, and trust and engagement are the most problematic factors. The findings support the viability of SC, endorsing the application of proactive perspectives in legal and managerial practice.

Research limitations/implications

The study confirms the foundational assumptions of SC, identifies key transactional issues that should be further addressed to improve the functionality of digital trade environments and contributes to the consolidation of the legal design research field on transaction usability.

Practical implications

The findings point to the viability of SC. Organizations and practitioners are given indications on transaction upgrade priorities and invited to adopt and help disseminate the proposal.

Social implications

The expansion of a collaborative transactional culture can reduce legal disputes, improving the legal environment of business and strengthening private governance regulatory models.

Originality/value

This is the first empirical study on the viability conditions of the SC-approach, identifying transactional usability testing and intervention priorities.

Details

International Journal of Law and Management, vol. 61 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 12 May 2020

Laura Saukko, Kirsi Aaltonen and Harri Haapasalo

The purpose of this paper is to achieve an understanding of the challenges and preconditions for inter-organizational collaborative project practices in industrial engineering…

1039

Abstract

Purpose

The purpose of this paper is to achieve an understanding of the challenges and preconditions for inter-organizational collaborative project practices in industrial engineering projects. A framework for identifying the challenges and preconditions for inter-organizational collaboration is presented.

Design/methodology/approach

The adopted research method is qualitative, and empirical data were collected from the industrial engineering project sector in Finland. The literature related to industrial engineering projects and inter-organizational collaborative project management practices is summarized, informing the qualitative design of the study.

Findings

By analyzing empirical data from industrial engineering projects, the challenges for inter-organizational collaboration are identified in each industrial engineering project stage. A framework of preconditions for inter-organizational collaboration is identified, in which investors are advised to pay attention when deciding on the use of collaborative project management methods.

Practical implications

The findings of this study help practitioners deal effectively with mechanisms aimed at fostering and hindering inter-organizational collaborative practices. The identified preconditions for inter-organizational collaboration provide support for decision-making in every phase of an engineering project and can be used as guidelines throughout the process.

Originality/value

Inter-organizational collaborative project management practices have recently been attracting attention in the industrial engineering project setting. This research is an attempt to identify the underlying forces supporting and preventing inter-organizational collaboration in industrial engineering projects. This study offers a framework that can help academics and project management practitioners deal with the challenges affecting inter-organizational collaboration at each project stage and consider preconditions for inter-organizational collaboration in industrial engineering project settings.

Details

International Journal of Managing Projects in Business, vol. 13 no. 5
Type: Research Article
ISSN: 1753-8378

Keywords

Article
Publication date: 12 June 2019

B. Shine Cho, Juye Lee, Wonkang Lee and Hyosang Min

The purpose of this paper is to examine the management strategy changes of a government-hosted festival from the government’s perspective based on Ansell and Gash’s (2008…

Abstract

Purpose

The purpose of this paper is to examine the management strategy changes of a government-hosted festival from the government’s perspective based on Ansell and Gash’s (2008) definitive criteria of collaborative governance.

Design/methodology/approach

This is a longitudinal case study of Hi Seoul Festival (HSF) in South Korea from 2003 to 2013. First, a detailed description of HSF management strategy change over time is presented through an analysis of internal government documents. Then, factors influencing management strategy changes are investigated through interviews with governmental and professional stakeholders.

Findings

The content analysis of the internal government documents reveals that HSF’s management strategy changed between collaborative governance and contracting out multiple times. The follow-up interviews then found that the prehistory experiences in managing festivals, the change of festival goals, and political leverages influenced the management strategy changes.

Originality/value

The government is one of the key stakeholders of festivals, which sometimes hosts and manages its own festivals. However, how a government manages its own festival is rarely studied. This study would add new insights into the studies of government-hosted festivals.

Details

International Journal of Event and Festival Management, vol. 10 no. 2
Type: Research Article
ISSN: 1758-2954

Keywords

Article
Publication date: 20 February 2018

Mehmet Chakkol, Kostas Selviaridis and Max Finne

Inter-organisational collaboration is becoming increasingly important in complex projects; some project customers even formally require evidence of collaborative competence from…

2986

Abstract

Purpose

Inter-organisational collaboration is becoming increasingly important in complex projects; some project customers even formally require evidence of collaborative competence from potential providers. The purpose of this paper is to explore the governance of collaboration and the ways in which it is enacted in practice for complex projects.

Design/methodology/approach

The study is based on a qualitative analysis of 29 semi-structured interviews, primary data from meetings and events supported by secondary data, including standards and industry-specific contract templates.

Findings

The paper identifies how collaboration can be effectively governed in complex projects through the emerging role of the collaboration standard and its impact on contractual and relational governance mechanisms. The standard sets higher-level institutional guidelines that affect the way in which collaboration is governed in complex projects. It helps formalise informal relational practices whilst also providing guidelines for building flexibility in contracts by including coordination- and adaptation-oriented provisions conducive to collaboration.

Originality/value

The paper demonstrates the emerging role of the collaboration standard and its influence on contractual and relational mechanisms deployed in complex projects. It shows how the standard can formalise and codify informal collaborative practices and help transfer related learning across projects, thereby contributing towards the dual requirement for standardisation and flexibility in project settings.

Details

International Journal of Operations & Production Management, vol. 38 no. 4
Type: Research Article
ISSN: 0144-3577

Keywords

Article
Publication date: 11 July 2008

Anna Kadefors

As public authorities and private companies increasingly outsource facilities management services to external suppliers, a new service industry with its own culture and contracting

3480

Abstract

Purpose

As public authorities and private companies increasingly outsource facilities management services to external suppliers, a new service industry with its own culture and contracting practices is developing. The aim of this paper is to examine how procurement processes and contract models relate to trust and collaboration in interorganizational relationships in FM.

Design/methodology/approach

The study is based on interviews with leading Swedish clients, consultants and service providers.

Findings

Contract‐related formalization serves purposes of learning and coordination as well as of performance control. Thus, services need different contract design and different management depending on the interaction patterns they entail. Detailed specifications and monitoring may be needed in order to increase mutual understanding, build trust and foster a sustainable industry‐level contracting culture.

Research limitations/implications

The findings refer to the Swedish situation, where the legal role of the formal contract differs from that in common law countries.

Practical implications

Typically, low‐level interaction relations such as technical property services need a focus on fostering trust, while high‐contact soft services call for transparency and distance. Further, detailed specification and formalized monitoring are more important for non‐strategic support services that may otherwise be left unmanaged and receive low attention from client management.

Originality/value

The paper relates general literature on trust and contract to the FM industry, identifies variations in contracting needs depending on the type of service and considers industry‐level development.

Details

Journal of Facilities Management, vol. 6 no. 3
Type: Research Article
ISSN: 1472-5967

Keywords

Article
Publication date: 13 July 2015

Karen Manley and Le Chen

The purpose of this paper is to propose a new model to show how continuous joint learning of participant organisations improves project performance. Performance heterogeneity…

1034

Abstract

Purpose

The purpose of this paper is to propose a new model to show how continuous joint learning of participant organisations improves project performance. Performance heterogeneity between collaborative infrastructure projects is typically examined by considering procurement systems and their governance mechanisms at static points in time. The literature neglects to consider the impact of dynamic learning capability, which is thought to reconfigure governance mechanisms over time in response to evolving market conditions.

Design/methodology/approach

There are two stages of conceptual development. In the first stage, the management literature is analysed to explain the standard model of dynamic learning capability that emphasises three learning phases for organisations. This standard model is extended to derive a novel circular model of dynamic learning capability that shows a new feedback loop between performance and learning. In the second stage, the construction management literature is consulted, adding project lifecycle, stakeholder diversity and three organisational levels to the analysis to arrive at the collaborative model of dynamic learning capability.

Findings

The collaborative model should enable construction organisations to successfully adapt and perform under changing market conditions. The complexity of learning cycles result in capabilities that are imperfectly imitable between organisations, explaining performance heterogeneity on projects.

Originality/value

The collaborative model provides a theoretically substantiated description of project performance, driven by the evolution of procurement systems and governance mechanisms. The model’s empirical value will be tested in future research.

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