Private preview. Not published and not indexed.

Research opportunity · Discretion curtailed, relocated or encoded?

Who holds decision authority in public-sector algorithm contracts, agency or vendor?

Earlier version (v1)

This is RO-LD05-05 as it was published at v1, kept unchanged. The current version is v2; its changes are listed there.

Question

In the contracts public agencies sign for risk-scoring, profiling and case-routing systems, who is given authority over the choices that shape decisions (thresholds, input variables, retraining and updates, performance targets), what audit and documentation rights does the agency keep, and does this differ between systems built in-house and those bought from vendors?

Institutional practice unknownOne PhD chapter or paperLow costPartly addressed

Why it matters

If consequential judgement relocates into system design, the question of who designs matters. Legal scholars have argued that procurement hands policy choices to vendors, and interview studies show procurement staff struggling to govern AI purchases, but no one has systematically read the contracts to see where authority over thresholds, updates and documentation is actually placed. That is a researchable, document-based question.

The debate lists this among what we still do not know: How much substantive discretion sits with vendors and procurement contracts rather than public agencies?

Evidence that motivates it

A possible design

Assemble a corpus of contracts, statements of work and tender documents for public-sector decision-support systems (benefits fraud, employment profiling, child welfare, immigration routing, policing) from open procurement portals (UK Find a Tender and Contracts Finder, EU Tenders Electronic Daily, US state and city portals) and FOI requests for unpublished schedules. Target 60 to 100 contracts across at least three countries. Develop and pilot a codebook: who sets and may change thresholds; who chooses input variables; who may retrain or update the model and with what notice; performance and error targets; agency rights to inspect code, data and documentation; audit and bias-testing obligations; trade-secret and confidentiality clauses; liability; exit and data-return terms. Double-code a subsample for reliability. Compare vendor-built with in-house or publicly documented systems, and follow up with a few interviews with procurement officers to check how terms work in practice.

Data needed

Public procurement records and FOI responses (redactions expected); a codebook; a second coder; optional interviews with procurement staff.

Feasibility

One PhD chapter or paper. Low: documents are free or obtainable by FOI; costs are mainly coder time. Contracts are often redacted or withheld on commercial-confidentiality grounds; the pattern of redaction should be coded as data. Contracts show formal allocation of authority, not how it is exercised, so the interviews matter.

Has this been done?

Partly done already: related work covers some of this question (first-pass screen of 12 October 2026; not yet checked in depth).

The argument that procurement shifts policy choices to vendors is established in legal scholarship, and records-request and interview studies exist, including a CHI 2026 interview study of procurement as an AI governance mechanism. No study was found that systematically codes contract terms to show where authority over thresholds, variables, updates and documentation sits for public-sector decision systems.

How strong this evidence is

Nearest work found

Search queries used
  • content analysis public sector AI procurement contracts vendor control model thresholds decision authority algorithmic systems study
  • "procurement" algorithmic decision systems government contracts analysis vendors discretion accountability empirical FOI contracts coded
  • Mulligan Bamberger "Procurement as Policy" administrative process machine learning
  • study coding contract clauses AI vendors government model updates intellectual property audit rights data ownership sample of public contracts

Provenance

RO-LD05-05 v1. Drafted by Claude (SocioLens Project Lead), AI-drafted from the LD-05 debate on 2026-10-12. Checked by an independent AI reviewer with fresh context (not a person), 12 October 2026: every nearest-work citation checked against its source page; corrections applied. Not yet reviewed by a domain expert. This is a research hypothesis, not a finding.

All research opportunities