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Disincentivising overbidding for toll road concessions

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4 │ INTERNATIONAL PRECEDENT FROM OTHER SECTORS<br />

Outcomes<br />

The outcome of the CIS scheme—in terms of the extent to which it has removed the incentive <strong>for</strong> companies to<br />

overstate their CAPEX requirements—is not yet entirely clear and will only become clearer once the water companies’<br />

outturn expenditures have been observed at the end of the current price control period (in 2015). However, the<br />

continued use of a similar mechanism in the regulation of energy companies (Ofgem’s in<strong>for</strong>mation quality incentive<br />

(IQI) scheme) 122 suggests that there have been benefits.<br />

Applicability to <strong>toll</strong> <strong>road</strong> <strong>concessions</strong><br />

The menu scheme represents an innovative mechanism by which expenditure, or demand, plans can be elicited<br />

by a regulatory authority with a view to encouraging more accurate revelation of these variables. Further research<br />

would be required into the details of how such a scheme could be applied to <strong>toll</strong> <strong>road</strong> <strong>concessions</strong>, but there is<br />

merit in considering a scheme that makes truthful revelation of demand estimates incentive-compatible, possibly by<br />

rewarding companies <strong>for</strong> the accuracy of these estimates.<br />

4.4 International precedent from other sectors: discussion<br />

The case studies presented in this section highlight that concerns surrounding <strong>overbidding</strong> are not confined to the <strong>toll</strong><br />

<strong>road</strong>s sector. In the UK, procurement agencies, such as the DfT and the Radiocommunications Agency, have actively<br />

taken steps to reduce the potential <strong>for</strong> <strong>overbidding</strong>. This has included attempts—<strong>for</strong> example, by holding deposits or<br />

bonds—to increase the penalties <strong>for</strong> defaulting and increasing the level of assessment of delivery plans. The latter<br />

ensures that demand and revenue <strong>for</strong>ecasts are adequately justified and obtainable, and are robust against different<br />

assumptions.<br />

Like <strong>toll</strong> <strong>road</strong> <strong>concessions</strong> (and, in general, large infrastructure <strong>concessions</strong> with equity at risk), the 3G spectrum<br />

auctions involved a scarce resource—with only five licences ever to be issued—and no secondary purchasing market.<br />

The case study suggests that, even if the bidding process is well-designed and efficiency rather than revenue<br />

maximisation is emphasised, scarcity can lead to bids that look high (and possibly resemble <strong>overbidding</strong>). However,<br />

the focus on efficiency in the 3G auction at least prevented the <strong>overbidding</strong> from being more serious—Klemperer<br />

(2002) noted that if the UK government had wished to, it could have raised higher revenues by limiting the number of<br />

licences even further—and, ultimately, all of the licensees are still operating today.<br />

The final case study, on menu-based appraisal, introduces an approach to bid appraisal that could potentially provide<br />

an innovative and effective means of incentivising bidders to provide their best <strong>for</strong>ecast, although it is not currently<br />

widely adopted in procurement. The design of such an approach is beyond the scope of this report, but should be<br />

seen as an area <strong>for</strong> potential future research.<br />

122 Ofgem is the regulator of the energy sector in Great Britain.<br />

57

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