Abstract
This paper aims at analysing the impact of the design phase on performance in public works execution. In the extant literature, the design phase is recognised as one of the possible determinants of inefficiency in public works execution. Despite this, the empirical evidence on the topic remains scarce. Using a large dataset of public works awarded in Italy in 2008–2014, we investigate empirically the relationship between the different choices made in the design phase and performance in public works execution. Our empirical findings show that the presence of an external designer is associated with higher cost and time renegotiations. The issue is especially relevant for small municipalities that rely more heavily on external designers, possibly because of the limited expertise available within their technical offices. Furthermore, regardless of the way the design is managed (in-house or not), we find that design and build contracts do not influence the efficient provision of public works. From a public policy perspective, our findings offer some support to the recent reform of the Italian public procurement regulation that has introduced new accreditation requirements for contracting authorities.
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Notes
Indeed, public works do not usually include standardised, homogeneous, and pre-defined goods; rather, they comprise complex goods that are hard to specify exactly ex-ante, and are characterised by an unavoidable degree of uncertainty about events that may occur during the execution of the contract. In such cases, the design of the optimal awarding procedure becomes difficult; thus, the selection process is highly problematic, and contracts are generally long-term and, hence, incomplete (Bajari et al. 2009).
See Klemperer (1999) for an accurate survey of auction theory.
According to Lewis and Bajari (2011), the extra costs owing to time delays represent a social price for the community, and, thus, affect the social welfare negatively. Further, the realisation of public works is often necessary for the realisation of other public and private investments that are likely to foster the accumulation of economic and social capital in local communities.
Since 2014, AVCP has been transformed into the Anticorruption Authority (ANAC).
The authors also found that extra costs were more than 10% of the original cost for about a quarter of all works. Similarly, for about two-thirds of all works, the time delays were more than 20% of the completion time agreed in the contract.
According to the definition provided by Konchar and Sanvido (1998), the DBB is a traditional project delivery system where the owner contracts separately with a designer and a constructor. Once the complete design documents are provided, these are advertised to solicit fixed-price bids from construction firms. The winning firm becomes the general contractor, responsible for overall completion of the project. CMAR refers to the method where the owner contracts separately with a designer and a contractor. The owner contracts with a designer to provide a facility design. The owner selects a contractor to perform construction management services and construction work, in accordance with the plans and specifications, for a fee. The contractor usually has significant input in the design process.
To increase competition and reduce information asymmetry on the characteristics of contractors, the Merloni law introduced a quality certification (certificazione SOA) for the execution of public works. This certification aims at ensuring the firm’s ability (technical, organizational and financial) to carry out a specific category of work for a specific level of value.
The law introduced a (3-years) time planning for the projects and limited the use of variants during the execution of work to a percentage not exceeding 5% of the value.
The preliminary design consists of an analytical and graphic report that explains the reasons for the technical, environmental and economic choices based on the amount that the contracting authority is willing to pay. The detailed design is developed taking into account the indications, the limits and the needs highlighted by the preliminary design. It consists of descriptive reports, graphic works, preliminary studies for structural calculus and economic analysis (computo metrico estimativo). Last but not least, the final design contains in details the technical operations required for the execution of the work and the related costs. It consists of reports, calculus and technical drawings.
According to the law, the contracting authority represented the main project stakeholder whose interests were pursued by introducing the technical figure of the RUP (Responsabile Unico del Procedimento—procedure manager). The task of the RUP was to control the public works execution process and to manage the different project’s phases.
Before the Merloni quater, other laws in the public procurement sector were: the Law no. 216/1995 (so-called Merloni bis) and the Law no. 415/1998 (so-called Merloni ter). The legal framework also included other enforcement measures: the DPR 554/1999—Regulation for the implementation of Merloni law; the DPR 34/2000—Discipline of the qualification system of the subjects executing public works; the DM 143/2000—Details and schemes for the preparation of the 3-year plan and the list of works; the DM 145/2000—General terms of contract of public works.
It corresponds to the D&B contract stated by the Article 19, paragraph 1, letter b) of the first Merloni law.
The Code recognized an extra payment not exceeding 2% of the value of the work when an in-house designer was selected.
The European policy regarding public procurement aims at: (i) ensuring competition in the market, (ii) reducing public spending, (iii) fighting corruption, collusion and fraud through transparency and traceability of operations. The new EU Directives are also aimed at increasing the discretion of contracting authorities, changing their role and assigning them more responsibilities.
The use of D&B contracts was no longer permitted except when the innovative or technological part prevails in the value of work and in the case of a general contractor agreement, a project financing, a concession and a public–private partnership. In such cases, the object of the contract concerns exclusively the final design and the execution of the project (Legislative Decree. 56/2017).
According to the Art. 23, the design levels are: (i) the technical and economic feasibility project, which replaces the preliminary design; (ii) the detailed design; (iii) the final design. The article establishes a simpler design for those ordinary maintenance works with a value of up to 2,500,000 euros. It also specifies that both the detailed and the final design should preferably be awarded to the same subject for reasons of homogeneity and consistency. Finally, projects with relevant archaeological, historical, artistic, environmental and technological importance must be designed by internal designers. The only exception is the absence of adequate skills from the technical offices. In such a case, either design or ideas contests can be used.
The final sample was selected on the basis of completeness of the records included in the database and checked for the presence of outliers and anomalous data. More specifically, we drop, as outliers, observations in the first and last centile of the distribution of cost overruns and time delays values, as well as those public works with a reserve price less than 150,000 euros. The latter choice was owing to the marked differences in the Italian regulation in the case of public works above this threshold; contracting firms wishing to participate in public tenders have to meet special accreditation requirements (e.g. the already-mentioned SOA certificate).
In “Appendix”, the descriptive statistics for the full sample are provided (Table 13). The summary statistics for the two samples are quite similar, except for the means of the dependent variables, extra_cost and extra_time that, in the full sample, are affected by the presence of many outlier values. Nevertheless, the median values are almost the same across the samples. This provides evidence that the study sample, though comprising a lower number of observations, is as representative of the universe as the full sample.
For the meaning of the category designer:other, see Sect. 4.2.
A small difference seems to occur for extra_cost.
Indeed, the latter case includes a very limited number of our observations—about 2% of the study sample.
Among the limitations of our empirical findings, it is worth mentioning here those owing to the lack of data on other potentially useful controls, such as the number of renegotiations or the number of past interactions between the contracting authority and procurer.
We employ the Italian classification of public works (i.e., general works [OG], specialised works (OS), and their subcategories).
Regional fixed effects are employed to control for unobservable factors at the regional level that might potentially bias the results. Among these, there are differences in local procurement regulations (e.g. regional price lists).
We would like to thank an anonymous reviewer for this suggestion.
This assumption is consistent with what is foreseen by the Italian regulation (i.e., Merloni quarter—Law n. 166/2002). For further details, see Sect. 3.
For further details on this design, see Decarolis and Palumbo (2015).
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We wish to thank two anonymous referees for their careful review, and the managing editor, Professor Roberta Rabellotti, for her helpful advice. The usual disclaimers apply.
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Cavalieri, M., Cristaudo, R., Ferrante, L. et al. Does the Project Design Matter for the Performance of Infrastructure Execution? An Assessment for Italy. Ital Econ J 5, 39–77 (2019). https://doi.org/10.1007/s40797-018-00082-9
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DOI: https://doi.org/10.1007/s40797-018-00082-9
Keywords
- Public procurement
- Performance in contract execution
- Design phase internal/external designer
- Design and build contracts