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

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educe the level of participation, and there<strong>for</strong>e competition, in the tendering<br />

process. Where lack of competition is not a concern, the incentive benefits of<br />

transferring risk to the private sector are more likely to outweigh any short-run<br />

increase in costs.<br />

The second situation, where some potential service providers have less<br />

in<strong>for</strong>mation than others, can give rise to a ‘winner’s curse’ problem. This arises<br />

when bidders do not know the true costs of providing the service and make<br />

different <strong>for</strong>ecasts. The bidder that wins the contract will be the one with the<br />

lowest <strong>for</strong>ecast, which is most likely to be below the true cost of providing the<br />

service. It might be expected that this will be a good result <strong>for</strong> the public sector,<br />

but it can result in firms feeling under pressure to cut quality, raising their<br />

bidding price in order to compensate <strong>for</strong> this risk or deciding not to participate<br />

since they expect the contract to prove unprofitable <strong>for</strong> the successful bidder.<br />

In general, the winner’s curse problem can be minimised by providing bidders<br />

with more in<strong>for</strong>mation so that they can make accurate <strong>for</strong>ecasts of their costs.<br />

An open auction can also assist this process since bidders can use in<strong>for</strong>mation<br />

on competitors’ bids to adjust their own <strong>for</strong>ecasts. A smaller number of bidders<br />

will also reduce the likelihood of a winner’s curse. However, as explained above,<br />

all these factors can increase the risks of collusion.<br />

CONCLUSION<br />

Competitive tendering allows the government to retain ownership of public<br />

assets whilst harnessing the sharper incentives <strong>for</strong> efficiency and innovation<br />

offered by the private sector. We have set out above a number of factors that<br />

could influence the way in which this is implemented. Clearly, there are tradeoffs<br />

to be made here – decisions which address concerns over asymmetric<br />

in<strong>for</strong>mation may increase the likelihood of collusion between participants, <strong>for</strong><br />

example. Nevertheless, by considering the weight that should be attached to the<br />

risks identified above in any particular circumstance, it will be possible to<br />

identify which approaches are most likely to be successful in that particular case.<br />

The case study on competitive tendering of prison services in Part IV assesses<br />

the evidence on how competitive tendering in that case affected cost efficiency<br />

and innovation, and looks at whether the potential problems highlighted by<br />

theory have been encountered in practice. Specifically, we have examined<br />

whether problems of market power and incumbency advantage arose in the<br />

market <strong>for</strong> prison management services, and whether costs were cut at the<br />

expense of quality. We also considered how problems of asymmetric<br />

in<strong>for</strong>mation have been overcome in the design of incentive contracts to avoid<br />

both ‘winner’s curse’ and ‘hold-up’ problems.<br />

User choice<br />

Section 7 – <strong>Market</strong>-<strong>Based</strong> Mechanisms<br />

In some cases, full competitive tendering of a service may not be considered an<br />

option. For example, quality may be difficult to control or competitive tendering<br />

49

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