Abstract
This paper investigates how subcontracting affects collusion in public procurement. In a model in which a public buyer runs simultaneous or sequential competitive procedures we show that the stability of collusive agreements depends on the level of subcontracting share and it is not necessarily increasing in this share. In a repeated procurement in which contractors and subcontractors are involved in collusive agreements enforced by slit award and bid rotation strategies we find that simultaneous procedures induce less collusion than sequential procedures, with split award strategies allowing the less stable collusive scheme. We also find that allowing a further increase in the subcontracting share strengthens collusion when the share is low but it mitigates collusion when the share is high. Thus, the competitive format and the allowed subcontracting share must be carefully managed by the public buyer in order to prevent collusion.
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Notes
An analysis on simultaneous vs sequential formats without focus on subcontracting and not in a specific procurement setting is provided by Dulatre and Sherstyuk (2008). The efficiency of subcontracting in a sequential format, without focus on collusion, is analyzed by Kamien et al. (1989), Gale et al. (2000), Dudey (1992) and Spiegel (1993). Subcontracting in procurement without collusion has been studied in Wambach (2009).
Our model is similar to Albano and Spagnolo (2010), however their framework does not include subcontracting.
The assumption of complete information among participants has been commonly used in procurement because it is realistic for many procurement situations (Albano and Spagnolo 2010). The same assumption in the scenario of repeated procurement is used in Spagnolo and Calzolari (2009) and Albano et al. (2017, 2018).
Other trigger strategies in such a repeated game are clearly possible, for instance strategies totally avoiding subcontracting (i.e. a standard bid rotation collusive agreements). However, we decide to keep the subcontracting scenario to challenge the common idea behind some legal scenarios (for instance in Italy) such that a higher subcontracting share is usually a risk for collusion.
Formally speaking, the lowest discount factor such that the subcontractor does not deviate from the collusive strategy is the highest among the others.
At these higher values of the subcontracting share, the lowest discount factor such that each contractor does not deviate from the collusive strategy is the highest among the others.
Again, as above, formally speaking this means the critical discount factor for the contractor is the highest one.
In our model each lot represents a specific contract and the number of lots is even and equal to the number of firms taking part to the auction (1 and 2). Relaxing this assumption and changing the number of contracts in a simultaneous format, under both bid rotation and slip award strategies, does not affect the critical discount factor for 1 and 2 as far as they equally split the number of contracts during the collusive path. In fact, such a collusive strategy would increase the collusive and the deviation profit by the same amount. The same argument holds for firm 3. Critical discount factors may change for the sequential format as far as the auctions for each lot are not equally allocated over the two periods (more contracts auctioned in one period). Furthermore, with respect to firm 1 and 2, as far as they keep the same cost it would be even difficult to justify a collusive strategy allowing one firm on the stage with, let’s say, more contracts.
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Appendix
Appendix
Proof of Proposition 1
We simply find the lowest discount factor such that collusion is stable in any format for any collusive strategy.
(1) Simultaneous format with bid rotation. Assume firm 1 gets the collusive profit at \(t=0\), then when sticking to the collusive path of \( \sigma _{R}\) its discounted profit is:
whereas when deviating the discounted profits starting from the current period of deviation are:
Note that in this case the deviation at the bidding and the execution stage give the same deviation profit, then:
Is is easy to see that we have the same discount factor for firm 2. The collusive and deviation profits for firm 3 are respectively:
and
then
(2) Simultaneous format with split award. The collusive profit for each firm, when sticking to the collusive path in \(\sigma _{S}\), is:
whereas when deviation at time \(t=0\), the discounted profits are:
where \(V^{C}\ge V^{D}\) if:
The discounted cooperative profits for firm 3 are the same in (2), its deviation profit is the same as in (3), then:
(3) Sequential format with bid rotation. The cooperative discounted profits are the same in (1), the best deviation is now that one at the execution stage by the firm awarded the contract. Thus, when deviating at the first lot, the deviation profits are:
Then:
For the firm 3 the cooperative profit is the same in (2). Its deviating profits are:
(4) Sequential format with split award. Cooperatives profits are:
the highest incentive from deviation is gained by the firm awarded the auction at the first stage (first lot), in fact, it is better off by winning the first lot, as the agreement entails, subcontracting without destroying the agreement and getting \(v\left( 1-\alpha \right) \), but then deviating at the second lot, where it obtains v.
then:
For firm 3 we have the same results of the case 3. \(\square \)
Extension to the case of an efficient subcontractor
Consider \(c>k\). In this case firm 3 is more efficient, this changes its profit in the asymmetric Bertrand equilibrium of the punishment path, that now becomes \(c-k\). The discount factors for firm \(i=1,2\) do not change. Thus in what follows we can only consider firm 3. The proof follows the steps of the proof of the Proposition 1.
(1) Simultaneous format with bid rotation. For firm 3, the collusive profit does not change but the new deviation profits are respectively:
and:
Note that in order to let the participation constraint to hold we need the assumption \(\alpha >\frac{c-k}{r-k},\) ensuring that the collusive profit is higher than the profit of the Nash equilibrium of the Bertrand equilibrium (during the punishment). Then:
with \(\beta =\frac{r-k}{r-c}>1\).
(2) Simultaneous format with split award. The discounted cooperative profits for firm 3 are the same in (2), it deviation profits are the same in (5), then the discount factor is the same of (6).
(3) Sequential format with bid rotation. For the firm 3 the cooperative profit is the same in (2). Its deviating profits are:
Note that \(\delta _{3,c}=\frac{1-\alpha }{1+\alpha -2\frac{\left( c-k\right) }{\left( r-k\right) }}>\delta _{3,c}=\frac{1-\alpha }{1+\alpha }\).
(4) Sequential format with split award. For firm 3, is the same as in the case3.
It possible to see that the new critical discount factor for firm 3 shifts up (since \(\beta >1\)). \(\square \)
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Cesi, B., Lorusso, M. Collusion in public procurement: the role of subcontracting. Econ Polit 37, 251–265 (2020). https://doi.org/10.1007/s40888-019-00167-3
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DOI: https://doi.org/10.1007/s40888-019-00167-3