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Public Policy: Using Market-Based Approaches - Department for ...

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<strong>Public</strong> <strong>Policy</strong>: <strong>Using</strong> <strong>Market</strong>-<strong>Based</strong> <strong>Approaches</strong><br />

● It may be possible to specify aspects of service quality in a contract using<br />

measurable and en<strong>for</strong>ceable per<strong>for</strong>mance criteria. Combined with an<br />

adequate monitoring system, contract design may there<strong>for</strong>e be used to limit<br />

quality shading in competitively tendered services. This runs counter to the<br />

predictions of economic theory, which assumes that quality is difficult to<br />

measure and there<strong>for</strong>e concludes that private sector involvement in public<br />

services may lead to cost cutting at the expense of quality. Conducting the<br />

competitive tender process through a beauty contest mechanism may also be<br />

useful where quality is an important aspect of the service because this<br />

prevents an excessive focus on cost.<br />

● Targets and per<strong>for</strong>mance measures should be well defined and based on<br />

clear objectives. Most aspects of service quality involve trade-offs.<br />

Contractors are there<strong>for</strong>e likely to focus on delivering the outcomes that are<br />

most easily measurable. When designing targets it is important to bear in<br />

mind that measurable per<strong>for</strong>mance indicators will be preferred over those<br />

that are less easy to measure. The potential <strong>for</strong> a target to have an unintended<br />

consequence should be taken into account when setting the target. As no<br />

system is perfect, targets should also be regularly reviewed over time to take<br />

their actual per<strong>for</strong>mance into account.<br />

● The benefits of contract aggregation can be realised without creating<br />

problems <strong>for</strong> long-term competition from incumbency advantages. Requiring<br />

disclosure of in<strong>for</strong>mation by incumbents to bidders and encouraging entry by<br />

suitable firms operating in relevant fields can help to maintain a competitive<br />

market.<br />

● When a market is relatively new, it may be necessary to select bidders not<br />

offering the lowest price <strong>for</strong> a contract to ensure competition <strong>for</strong> future<br />

contracts. Awarding early contracts to one provider only may realise shortterm<br />

cost savings, but it can prevent the entry of competitors who can help<br />

to keep costs down in the future.<br />

● The appropriate use of self-supply can be an effective constraint against<br />

collusion, but must be managed carefully to avoid creating an impression of<br />

discrimination in favour of in-house bids. Excessive self-supply may also limit<br />

the number of private sector firms the market can support, preventing the<br />

development of competition.<br />

● The risk of a winner’s curse can be reduced by increasing the in<strong>for</strong>mation<br />

available to bidders, restricting the number of bidders through pre-selection<br />

criteria and allocating tenders through a beauty-contest mechanism.<br />

● Pre-committing to an appropriate transfer rate <strong>for</strong> specific assets at the end<br />

of the contract life can help to ensure an efficient amount of investment is<br />

undertaken. One means of pre-committing to this transfer payment is<br />

through the contract price.<br />

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