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Construction Management and Economics

ISSN: 0144-6193 (Print) 1466-433X (Online) Journal homepage: http://www.tandfonline.com/loi/rcme20

A strategic analysis of contract termination in


public–private partnerships: implications from
cases in sub-Saharan Africa

Anthony T. Odoemena & Masahide Horita

To cite this article: Anthony T. Odoemena & Masahide Horita (2017): A strategic analysis of
contract termination in public–private partnerships: implications from cases in sub-Saharan Africa,
Construction Management and Economics, DOI: 10.1080/01446193.2017.1361039

To link to this article: http://dx.doi.org/10.1080/01446193.2017.1361039

Published online: 08 Aug 2017.

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Construction Management and Economics, 2017
https://doi.org/10.1080/01446193.2017.1361039

A strategic analysis of contract termination in public–private partnerships:


implications from cases in sub-Saharan Africa
Anthony T. Odoemena  and Masahide Horita
Department of International Studies, Institute of Environmental Studies, Graduate School of Frontier Sciences, University of Tokyo, Kashiwanoha,
Japan

ABSTRACT ARTICLE HISTORY


The paper examines empirically what contributes to the problem of contract termination in Received 3 October 2016
public–private partnerships (PPPs) from the perspectives of theories on contracts, transaction Accepted 23 July 2017
costs and industrial organizations. Based on a theoretical exploration of a model of the holdup and
KEYWORDS
underinvestment problems, we identified the profit-sharing mechanism as the contract type that Holdup; underinvestment;
most predisposes a PPP to the inefficiencies that lead to contract termination. We then conducted
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public–private partnerships;
an empirical examination of a data-set of PPP contracts in sub-Saharan Africa. Using rough sets contract termination; rough
theory and the logic of explanatory power, we found that contract type outweighs other factors, sets; explanatory power
such as sector and nationality, in the explanation of contract termination.

Introduction Globally, the percentage of PPP projects that have been


terminated currently stands at 3.7% of aggregate levels
A public–private partnership (PPP) can be defined as a
(World Bank/PPIAF 2016). However, the rate of termina-
contractual arrangement through which a government
tion varies significantly by certain factors, such as sectors
or public authority confers on a private firm the rights to
and geographical regions. For example, those regions with
design, finance, build, rehabilitate, operate and maintain
infrastructure poverty – and thus, greater reliance on pri-
a public infrastructure asset for an agreed period. Some
vate financing – are known to be more vulnerable to ter-
of the practical reasons that are commonly used to justify
mination than other developing regions, with sub-Saharan
the increased use of the PPP approach to mobilize private
Africa as a notable exemplar (Harris and Kumar 2009). Still,
finance and expertise in the provision of public infrastruc-
there seems to be no sufficient theoretical explanation of
ture services centre on the socio-economic importance
the mechanism that makes the PPP contracts in sub-Sa-
of infrastructure services and the contention that due to
haran Africa more susceptible to termination.
budget constraints, the public sector alone cannot meet the
The objective of this study, which focuses on several
growing demand for the development and maintenance of
representative cases, is to identify the drivers of the dif-
new infrastructure assets. These have helped make the use
ferences in PPP contracts’ vulnerability to termination. In
of PPPs a top priority in the development plans of many
addition to the findings of existing studies that PPP con-
governments in both developed and developing countries.
tracts in sub-Saharan Africa have higher rates of termina-
Despite the positive roles that PPPs play in the context
tion in comparison with those in other regions, the authors
of infrastructure service delivery, they also face the risk of
elected to focus on cases from sub-Saharan Africa for prac-
premature termination – the exit of the private firm from
tical reasons related to their knowledge of the region and
the project before the fulfilment of the contractual terms
their ability to navigate some of the limitations associated
(Harris et al. 2003). The termination of a PPP is associated
with the disclosure of confidential information.
with some serious problems that often include contrac-
The general problem of contract termination has been
tual disputes, court injunctions, delayed construction, a
analysed in several studies (Harris et al. 2003, Harris and
project’s outright abandonment and the socio-economic
Kumar 2009). Leading examples include Harris and Kumar
costs associated with the deterioration of an uncompleted
(2009), who used econometric models to examine the
project. In addition, it is argued that contract termination
effect of macroeconomic variables on the rate of contract
could undermine a host country’s credibility as a reliable
termination, and the recent study by Darwin and Schuyler
partner (World Bank/PPIAF 2016).

CONTACT  Anthony T. Odoemena  odoemena@hotmail.com


© 2017 Informa UK Limited, trading as Taylor & Francis Group
2   A. T. ODOEMENA AND M. HORITA

(2016) on the link between multilateral support and con- from publicly available databases developed by the World
tract termination in long-term infrastructure PPPs. Bank’s Public–Private Partnership Group and the Public–
There are cases, however, whose contractual failure Private Infrastructure Advisory Facility (PPIAF) on private
cannot solely be attributed to exogenous factors, but also sector participation in infrastructure projects in developing
seemingly to strategic interactions of stakeholders’ behav- countries. Given the study’s focus, the empirical analysis
iours. Among the most notable examples is a PPP contract involved a total of 444 PPP projects that reached financial
that was established in 2007, between the Tanzanian gov- closure in sub-Saharan Africa in the period between 1990
ernment and a private concessionaire, for the rehabilitation and 2012.
and operation of the Tanzanian Railways Limited (RAHCO Our general objective was to determine, how these
2011, World Bank 2010, SUMATRA 2011). In this case, the problems of contract termination in PPPs could be bet-
inefficiencies associated with underinvestment, the diver- ter understood using theories on contracts, transaction
gence of the firm’s self-interest from the government’s best costs and industrial organization. We assumed that the
interest, and the problems of policing and enforcement contract types that fail to make up for the holdup and
were paramount in the termination of the PPP contract. underinvestment problems would be more susceptible to
Specifically, the concession suffered from underinvest- termination. Therefore, we focused on two contract types
ment or the “underfunding of track and asset rehabilita- that are derivable from theoretical models of the holdup
tion” (World Bank 2010, p. 8). In view of the railway’s state and underinvestment problems. The two contract types
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of disrepair, the consensus among the stakeholders was are the profit-sharing mechanism (PSM) and the specific
that there was no evidence that the private firm made any performance mechanism (SPM). In section three, we show
investment. This partly led to the government’s decision to theoretically how the PSM model fails to provide sufficient
give the private firm only one US dollar as compensation incentive to prevent underinvestment and conflicting
upon the termination of the contract, with the explanation interests. We also show how the configuration of payoffs
that the private partner underinvested in the partnership under the SPM model provides sufficient incentive for an
and was therefore, undeserving of greater compensation. optimal level of investment.
The explanations given by the government for this deci- Our goal in investigating the empirical validity of the
sion also seem to corroborate the theoretical assumption deductive consequences of contract theory, and holdup
on how unverifiability – the existence of imperfect knowl- literature in particular, is similar to those of Chang and
edge on hidden actions (e.g. in terms of the effort that a Qian (2015), Galetovic et al. (2015), Iwaki (2015), and
partner exerts or the partner’s actual investments in the Schwiebacher (2012). The main differences that separate
quality of the procured asset) – undermines the implemen- this paper from the existing literature lie in the approach
tation and enforcement of a contract. and scope. For example, using the holdup model and the
In view of the additional issues (such as underinvest- Nash bargaining scheme, Chang and Qian (2015) explored
ment and enforceability) raised by some stakeholders the connection between quasi-rent differences, excess
to explain why some real-life contracts break down, it profit margin and ex post renegotiation, and change
becomes obvious that an exclusive focus on macroe- orders in 62 construction projects. Galetovic et al. (2015)
conomic variables is not sufficient. Hence, we turned to focused on the effect of the holdup problem in indus-
theories on contracts, transaction costs and industrial tries that rely on patents and innovation. Iwaki (2015)
organization to examine how such problems of contract focused on holdup and the problem of debt financing in
termination in a PPP could be tackled. The explanatory Japanese firms, whereas Schwiebacher (2012) examined
relevance of a theoretical perspective is because, aside the effect that holdup had on investments in innovation.
from the occurrence of exogenous events (such as mac- Distinctively, this paper focuses on how contract types that
roeconomic and socio-political issues) that are reasonably are inherently vulnerable to the risk of underinvestment –
beyond the partners’ control, there are identifiable system- which often arises as a direct consequence of the holdup
atic patterns in stakeholders’ behaviours that can increase problem – are more likely to end in termination. We then
the likelihood of a contract’s termination. tested our prediction on the effects of contract type using
Specifically, using some of the recently published rough sets theory (Pawlak 1982, 2002, Bal 2013) and the
advances in contract theory, we examined an economic logic of explanatory power (Ylikoski and Kuorikoski 2010,
model of PPP that highlights the causes and negative Schupbach and Sprenger 2011).
effects of the holdup and underinvestment problems. The use of rough sets theory is justified by its suitability
We then used the main features of the model to identify for classificatory data analysis and this study’s goal of using
some contract types that theoretically predispose a PPP the available information (on contract type, sector and
to inefficiencies and a sub-optimal outcome. The data investors’ nationality) to identify the attributes associated
used to test the study’s hypothesis were taken mainly with terminated PPP contracts. Since each decision rule is
CONSTRUCTION MANAGEMENT AND ECONOMICS   3

defined in terms of if…then… logical implications, the logic degree, in the role of macroeconomic shocks and finan-
of explanation shows how informative a variable (a property cial crises. Some examples in this regard include Renato’s
of a PPP project) implied in a decision rule’s precedent is in (2009) study of the determinants of stress and risks in PPP,
the explanation of the consequent of the decision (i.e. the the Hammami et al. (2006) work on the determinants of
status of the PPP project: terminated or operational). In this PPP termination, and the Burger et al. (2009) study on the
way, this study has provided an objective basis for ascertain- effects of the global financial crisis on PPPs. There is some
ing the extent to which a given feature of a PPP provides a contentiousness in the literature in this regard. On the one
positive or negative explanation for contract termination. hand, some have argued that economic shocks stifle the
Furthermore, based on the notion of context sensitivity, we finances that are necessary for the successful implementa-
have also evaluated the susceptibility of the explanatory tion of a PPP project. At the same time, others have argued
power of each attribute to background changes or local that a good macroeconomy can lead to the initiation of
causal interference (Ylikoski and Kuorikoski 2010). ambitious projects, optimism bias or the underestimation
The rest of the paper is organized as follows. We review of fiscal risks, which could in turn increase the likelihood of
the current state of knowledge and literature in section project failures. In other words, unlike a healthy macroeco-
two. The existing studies are organized into two groups, nomy, a poor macroeconomy can provide good incentives
depending on their methodological orientation. Hence, for cautious investments, risk analysis and realistic financial
while the earlier part of section two focuses mainly on projections.
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empirical studies, the latter part summarizes the recent In addition to the issues associated with exogenous
advancements in contract theory. The apparent disconnec- economic factors, issues related to strategic behaviour
tion between the two sides of the literature (the empiri- have received equal mention in the literature. For exam-
cal and the theoretical) and this study’s aim of helping to ple, Russell et al. (2006) argued that some of the factors
bridge that gap are also highlighted in the review. We then that can affect the implementation of a PPP project may
present the hypothesis development process in section reside in issues associated with the project’s type (in terms
three, starting with a specification of the main foundations of scale, scope and complexity), the nature and the compo-
of the predictions advanced in this paper, with particular sition of the project’s team (in terms of their expertise and
reference to the literature on the role of contract types and motivation), the problems associated with the assignment
some of the strategic inefficiencies that undermine the of risks and penalties. In relation to the risks of strategic
successful implementation of an economic transaction. In behaviour, Renato (2009) further argued that moral hazard
the earlier part of section three, we outline the study’s main and adverse selection can create some potentially serious
hypothesis regarding the mechanisms through which the incentive problems that can undermine the successful
partners’ behaviours and investments affect the social sur- implementation of a PPP project. Unlike the role of mac-
plus of a PPP and the ways in which the social optimality roeconomic variables, however, the mechanism through
or sub-optimality of such behaviours and investments which strategic behaviour affects the rate of contract ter-
emanate from the specificities that characterize the con- mination has yet to receive empirical scrutiny.
figuration of the partners’ payoffs and entitlements in Generally, in the study of contract termination in PPPs,
the PPP contract. In section four, we present the research questions of differential vulnerability are tied to the
methodology and design, and the rationale behind the assumption that the termination of a partnership would
mathematical tools used for the empirical analysis (namely, depend on its exposure to several factors, including those
rough sets and the logic of explanatory power). In section related to the prevailing macroeconomy and the socio-po-
five, we present the results of the empirical analysis. We litical context. Nevertheless, one argument in the literature
then conclude the paper with a recap of the main findings, in this regard is that the difficulties associated with direct
limitations and recommendations in section six. measurement and comparison of each project’s specifics
on a large-scale has made empirical explanations challeng-
ing (Renato 2009). This challenge has helped limit the focus
Review of the literature
of the existing studies to easily identifiable categories
The current state of knowledge pertaining to the problem such as the project’s type or primary sector. For example,
of contract termination, and contractual failure in general, in relation to the effects on contract termination of the
appears to consist of two sides (i.e. empirical and theoreti- macroeconomic shocks and currency risks that occurred
cal) that arguably need some points of intersection. in Brazil (in 1999), Argentina (in 2002) and the Dominican
On the one hand, some of the existing empirical stud- Republic (in 2003), Renato (2009) observed that many of
ies have sought to make sense of the observed data. the terminated contracts were energy projects.
With particular reference to contract termination in PPPs, Further, Harris and Kumar (2009) noted that, unlike port
researchers have found satisfactory explanations, to some and natural gas-related PPP contracts, projects in the water
4   A. T. ODOEMENA AND M. HORITA

and sewerage sector were observed to have a significantly economic transactions. Some of the seminal studies that
higher rate of termination. This led to the contention by have helped to advance this methodological perspec-
Harris and Kumar (2009) that something in the water sector tive include Demski and Sappington (1984) on how to
itself might be responsible for their higher probability of design optimal incentive contracts, Fudenberg and Tirole
termination. Based on the aforementioned examples, one (1990) on how to deal with moral hazard and renegotia-
main conclusion is that, irrespective of the prevailing mac- tion in agency contracts, and Laffont and Tirole (1993) on
roeconomy, the sector could be an important factor in the the nature of incentives in procurement and regulatory
explanation of contract termination. However, there seems contracts. We also use the reference Iossa and Martimort
to be no explanation of the mechanism through which a (2015) on the microeconomic analysis of agency costs and
given sector complicates the implementation of a PPP. main incentive issues in PPPs and the shape of optimal
From a regional perspective, it is also argued that PPP contracts in those contexts.
projects implemented in sub-Saharan Africa are more vul- With particular reference to PPP, Iossa and Martimort
nerable (by almost 9% points) to termination in compari- (2015) focused on the contract theoretic models of infra-
son with those implemented in other developing regions. structure procurement and on how to provide adequate
However, the explanations for the greater vulnerability of incentives for private firms and contractors in a multi-task
PPP projects in sub-Saharan countries were found to be environment in which a risk-averse firm or contractor
insufficient. As an example, the role of macroeconomic chooses non-contractible efforts in cost reduction and
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shock (as exemplified in the effect of the Asian financial cri- quality improvement. Iossa and Martimort (2015) empha-
sis in 1997, on the trend of PPP investments in the region) size the advantages of private ownership of the infrastruc-
did not seem to apply readily to the implementation of ture projects in relation to social welfare. They also argue
PPPs in sub-Saharan Africa, given the absence of a simi- that in relation to the dynamics of the incentives for invest-
larly major macroeconomic shock or financial crisis in the ment in long-term contracts, the risks of regulatory oppor-
region during the period covered in the previous studies. tunism and the use of bundling, the benefits of private
Similarly, despite its plausibility as an explanatory factor, ownership outweigh other forms of ownership. Although
no significant relationship has been found between a Iossa and Martimort (2015) do not examine contract ter-
country’s institutional quality (in terms of good govern- mination, their paper and ours both focus on the under-
ance indicators) and the probability of contract termina- investment problem and the incentive power of private
tion (Harris and Kumar 2009, Renato 2009). ownership and profit-sharing contracts, also known as the
A main consensus in the literature is that other factors PSM contract, in this study.
are undoubtedly at work (Harris and Kumar 2009). This In general, the mechanism that links underinvest-
conclusion suggests that the tolerance of a PPP contract ment and the incentive power of private ownership
may vary from category to category because of some uni- with profit-sharing rules is a common topic in the study
dentified connections and conditions. This highlights the of the holdup problem in contract theory. The assump-
need to expand the scope of the explanatory variables, tion, in this regard, is that an underinvestment problem
to provide some explanation for the dependence mecha- arises if the partners are not able to capture the full ben-
nisms so as to minimize the omission of important attrib- efits associated with their individual investments (Bolton
utes and connections, and for an analytical tool that can and Dewatripont 2005, Martimort 2008). As with classic
facilitate the discovery of some patterns liable to improve implementation problems, there is some debate on the
the usefulness of the empirical studies in decision-making. possibility of using a simple contract to induce efficient
There are two questions that still need to be addressed in investment. The desired solution would entail designing
this regard. Why are some PPP projects more vulnerable to a contract that induces both partners to invest optimally,
termination than others? What are the lessons and impli- even if the investments are unverifiable. However, such
cations for theory and practice, particularly in relation to a theoretical possibility is bound up with the constraints
the choice of implementation models? imposed by uncertainty, non-verifiability and contractual
The other side of the literature involves the use of the- incompleteness (Marschak and Radner 1972, Williams and
ory to explain the conditions under which a contractual Radner 1988, Legros and Matsushima 1991). Hence, a larger
failure might occur. From this perspective, it is argued share of the focus in the literature has been on remedies
by Williamson (1985) that a microanalytic methodology such as vertical and lateral integration as well as the allo-
can reveal how the specificities of a transaction’s contract cation of ownership and control rights (Klein et al. 1978,
shape the parties’ incentives and opportunities to the Williamson 1985, Grossman and Hart 1986, Hart and Moore
transaction in question. Thus, Williamson (1985) could be 1988, Bolton 1990, Bolton and Whinston 1993, Tirole 1998).
considered one of the earliest studies on the importance Despite the understandable reservations in relation
of incorporating the role of contract type in the study of to the practicality of the contractual remedy, recent
CONSTRUCTION MANAGEMENT AND ECONOMICS   5

developments in contract theory have indicated that it is Figure 1 includes many factors and concepts. This section
possible to use a simple contract to solve the holdup prob- will provide a simple rationale for the links between the fac-
lem and induce efficient investment. For example, with tors in the framework, as advanced in the existing literature.
particular reference to the verifiability constraint, some Moreover, in view of our main objectives, we first elucidate
studies have focused on the feasibility of implementing the the role of contract type as the primary factor in contract
first-best (optimal) investment using a renegotiation-proof termination. Next, we provide the theoretical implications
contract (Chung 1991, Cheng 2000, Neeman and Pavlov derived from modelling two contrasting contract types.
2013). The main focus of the exploration of the renegotia- Finally, we provide some background information about
tion-proofness principle has been on how to deal with the the other explanatory variables and their expected effects.
inefficiency that may arise if the parties in a contracting
relationship bargain with asymmetric information (given
The role of contract type
that non-verifiability may foster the strategic revelation of
private information). This has given rise to calls for using According to the literature on the role of contract type
contracts that would involve an appeal to the revelation in economic transactions (with particular reference to the
principle, and the definition of a contractual solution as holdup problem), it is possible to distinguish two types of
a mechanism that induces an enduring equilibrium, irre- contracts. The contract types can be defined using a simple
spective of the possibility that in a dynamic setting the principal-agent model, where the principal and the agent
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continuation of a hitherto optimal contract may become correspond to the host government and the private firm,
sub-optimal after a time. respectively.
Despite these constraints, some authors have argued We started by assuming that the partnership yields
that it is possible to induce efficient investment and out- a profit x that depends on the private firm’s capital
comes using a simple contract – the specific performance investment k, and that the profit could be high or low.
mechanism (SPM) (Chung 1991, Bolton and Dewatripont Formally, x ∈ {x− , x̄ }, with x− < x̄ , the prob(̄x ) = p and the
2005) or the sellout contract (Martimort 2008). Our study prob(x− ) = 1 − p. We considered the case where the prob-
is based on this position, namely the hypothesis that the ability p depends on the private firm’s capital investment
SPM is more resilient to the risk of underinvestment than is k. An important remark, in this regard, is that investment k
the PSM model. Specifically, we hypothesize that contract was sunk and was specific to the objectives of the partner-
type could affect the outcome of a PPP. The mathematical ship. We assumed that p = p(k) is twice differentiable and
model behind this hypothesis (i.e. a model of the holdup concave in k. In addition, if k = 0, then p(0) = 0. Accordingly,
and underinvestment problems and the desirability of a the expected value of x with respect to probability p
contract type that makes up for them) as implied in the becomes p(k)̄x + (1 − p(k))x−. We define the ensuing social
literature, is expanded on in the upcoming section. In sum- profit as 𝜋s = p(k)̄x + (1 − p(k))x− .
mary, based on the contention that the study of strategic First, if a private firm’s investments were fully observable
behaviour in contracts has tended to lean towards theoret- and verifiable, the host government would simply force
ical research, one of the most significant gaps addressed the( investors
)( )to invest k̂ , the amount that results when
by this paper is the lack of empirical verification of the p k x̄ − x− = 1. To provide sufficient incentive for the
� ̂

implications of theory. Additionally, the results of the study investment of k̂ , a common solution involves linking or
will help demonstrate that contractual failure in PPPs can- tying the private firm’s payoff and compensation to the
not solely be attributed to exogenous factors. realized profit of the PPP. In such a case, the contract could
take the form of a profit-sharing mechanism (PSM) – a
contract that splits the realized profit between the part-
Hypothesis development
ners. In the foregoing illustration, letting 𝛽I ∈ (0, 1) denote
Based on the existing state of knowledge, we organize the the fraction of the realized profit x that the private firm
factors that lead to contract termination into three broad appropriates, and βG = 1 − βI the fraction that host govern-
categories that consist of the issues inherent in a project’s ment
( receives, the firm’s ) payoff under the PSM becomes:
type (Russell et al. 2006, Harris and Kumar 2009, Renato 𝛽I p(k)̄x + (1 − p(k))x− − k. Based on this payoff config-
2009), the suitability of the prevailing political economy uration, we can show that the private firm underinvests.
(Hammami et al. 2006, Burger et al. 2009, Harris and Kumar Specifically,
( )(the firm’s
) optimal
/ investment would result
2009, Renato 2009) and the strategic risks inherent in the 1
when p k x̄ − x− = 𝛽 . It is therefore, straightforward
� ̃
I
contract type (Chung 1991, Bolton and Dewatripont 2005, to verify that k̂ > k̃ , based on the increasing and concave
Martimort 2008, Renato 2009, Iossa and Martimort 2015). properties of p(k).
Figure 1 summarizes the main factors cited in the expla- On the other hand, under the SPM or the sellout contract
nations of contract termination in PPPs. (Chung 1991, Bolton and Dewatripont 2005, Martimort
6   A. T. ODOEMENA AND M. HORITA

Contract-Type

Unenforceability
Underinvestment Controlling Interests
Problem Problem

Poor Performance
(act of bad faith)

Contract Termination

Project failure Degree of


Complexity
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Fiscal Risks of Regulatory


Sector Scope Scale
Risks Expropriation Risks

Political & Economic Environment Project Type

Figure 1. A schematic representation of the determinants of contract termination in PPPs.

2008), the private firm pays the host government a fixed Using these two contract types (i.e. the PSM and the
concession fee c ∈ ℝ+ for the right to completely own and SPM), we grouped PPP models based on some shared char-
operate the public asset or facility (for an agreed period of acteristics. In one group, we classified those partnerships
time). In such a case, the host government receives a fixed where the private firm and the public firm split the profit
concession fee c instead of a fixed fraction of the profit. according to an agreed fraction or percentage of share or
The private firm’s payoff in such a case then corresponds equity under the PSM. This included partial divestitures,
to the following: p(k)̄x + (1 − p(k))x− − k − c. The interest- management contracts, and jointly managed concession
ing result, in this regard, is that if the partners agree on a projects. Based on the above-mentioned issues and disad-
concession fee c that meets the firm’s participation con- vantages (i.e. the problem of underinvestment, the diver-
straints,(the )(optimal
) investment becomes self-enforcing. gence of the firm’s self-interest from the government’s best
With p� k̃ x̄ − x− = 1, it is therefore, easy to verify that interest, and the problems of policing and controlling inter-
k̂ = k̃ > k̃ . Using the sellout mechanism, thus, eliminates ests), we expected these PPP models to have a higher rate
the need for the government to fully police, verify and of termination. In the other group, we classified those part-
enforce the optimal investment k̂ . nerships wherein the private firm pays a concession fee for
The foregoing concludes the simple illustration of the the right to build, own and operate a facility at their own risk
unique problems that can arise under a PSM. Specifically, for an agreed upon period under the SPM. This included full
the PSM leads to underinvestment. In addition to the divestitures, merchant contracts, lease and rental contracts,
underinvestment problem, the main disadvantages of a build-operate-transfer (BOT) projects, build-lease-transfer
PSM are as follows. To begin with, the divergence of the (BLT) projects, build-rehabilitate-operate-transfer (BROT)
firm’s self-interest (to underinvest under a PSM) from the projects and the concession projects that are entirely run
government’s best interest creates a conflict that partially by the private firm. In contrast to the PSM, the SPM (or
centres on how to force the firm to invest in a manner that sellout contract) allocates the full consequences of under-
corresponds to the government’s desires. Another prob- investment to the firm and aligns the self-interest of the
lematic aspect of the PSM that makes it less suitable (in private investors with the social incentives of the project.
comparison with the SPM) lies in the role played in a PPP by Given the self-enforcing nature of the optimal investment
the notion of default or non-performance and the logical in such contracts, we expected the implementation of SPM
association between underinvestment, poor performance to be less vulnerable to underinvestment, the problem of
and contractual clauses on contract termination. policing, controlling interests and contract termination.
CONSTRUCTION MANAGEMENT AND ECONOMICS   7

The role of project sector investor. As such, some have argued that, ex post, host
governments that initially lacked the technology and
In relation to the effect of project type on contract termi-
resources to execute a PPP project may have an incentive
nation, our main focus was on the project’s sector (due to
to renege on the generous concessions they previously
practical constraints in terms of measurability and data
considered necessary and justifiable for attracting the pri-
availability). Aside from being the least subjective indi-
vate investor. In such a case, the lucrative bargain that the
cation of project type, including the PPP project’s sector
investor struck with the host government upon entering
in our analysis was based on the notion that the type of
the country could become obsolete (Jenkins 1986), cul-
service the PPP project provides to the public may give
minating in expropriation or contract termination. In gen-
rise to some differential vulnerability. For example, Harris
eral, there is also the contention that foreign-sponsored
and Kumar (2009) observed that, despite the considerable
projects may be more vulnerable to politically motivated
variation in the rate of project termination, projects in the
decisions in response to the risks associated with a macro-
water and sewerage sector are most vulnerable to cancel-
economic crisis, currency devaluation, changes in invest-
lation because of the problem of pricing and the low level
ment laws and foreign exchange.
of cost recovery in comparison with other sectors that are
highly commercialized. Also, Markard (2011, p. 107) argued
that, “in some respects, infrastructure sectors are quite Research methodology
different from other sectors and that these particulari-
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The outline of the research process is summarized in


ties matter, especially if there is an interest to initiate and
Figure 2.
govern transformation processes toward a specific end”.
As illustrated in Figure 2, first, we embarked on
The goal, in this regard, was to see whether infrastructure
hypothesis development, as explained in the preceding
sectors possess certain disruptive particularities that play
section. Next, given the nature of the research objective,
a role in their differential vulnerability.
a cross-sectional research design was adopted for the
study’s data collection process. The research involved the
The effect of investor’s nationality collection and organization of information on the individ-
ual characteristics (in terms of the sector, the contract type
Although the focus of the existing empirical studies in
and the sponsor’s nationality) and outcome (in terms of
relation to the prevailing political economy has been on
being operational or terminated) of a given PPP project.
macroeconomic variables, particularly the effects of finan-
The use of this research approach facilitated the inclusion
cial crises as exemplified in Renato (2009), our focus in this
of the entire set of projects that were either operational or
study is primarily on the effect of the nationality of the
terminated in sub-Saharan Africa in the period between
PPP project’s sponsors. The availability of data and the
1990 and 2012. Notably, the first entry in the reference
suitability of this classification for the study’s method of
database was in 1990. The researchers had no access to
analysis helped to motivate this decision. Besides, given
earlier data on PPPs in the region. Also, the latest entry or
the availability of existing studies on the effect of macroe-
update on the status of the PPP projects in the data-set
conomic variables on PPP trends, we did not see the need
during the study, was in 2012, hence the study’s focus on
to reexamine this factor. Hence, we examined the effect
the period between 1990 and 2012. This helped to elimi-
of the PPP sponsor’s nationality in our analysis, in view
nate the need for sampling and the problems of sampling
of some arguments advanced in the context of the obso-
bias and representativeness, while enhancing the incorpo-
lescing bargaining literature and the risks of expropriation
ration and examination of multiple attributes.
(Jenkins 1986, Ramamurti 2001, 2003).
In all, 444 PPP projects that reached financial closure
A main argument in this regard was that the passage
in sub-Saharan Africa between 1990 and 2012, were
of time degrades and alters the balance in the bargaining
used for the analysis. The authors used the World Bank’s
relationship between host government and the private

Hypothesis PPP Information Decision Rule Synthesis Analysis of


Data Collection
Development System & Evaluation Explanaory Power

Using the existing Using a table to organize To determine how


Using the World Bank logical link between contract
literature on PPP and the individual attributes informative and sensitive
Dataset on PPP termination & PPP attributes
contract theory of a PPP an explanation is

Figure 2. An outline of the research process.


8   A. T. ODOEMENA AND M. HORITA

Public–Private Partnership Group and the Public–Private this study, were: the contract type, the project sector, the
Infrastructure Advisory Facility’s (World Bank/PPIAF 2013) nationality of the private investors and the PPP’s status (i.e.
database on private participation in infrastructure (PPI) as A = {a1, a2, a3, a4}). Each attribute aj ∊ A is associated with a
the basis for information gathering. This database contains value set Vj. Table 1 summarizes the information regarding
easily classifiable information on the project’s sector, the the attributes and their corresponding value sets.
implementation model, the nationality of the investors Notably, Table 1 consists of conditional attributes or
and the operational status of the PPP project. In addition, simply the conditions (i.e. {a1, a2, a3}) and the outcome
the use of this data-set was based on the fact that it is attribute (i.e. {a4}). One can thus, define 𝕋 as a decision
the most comprehensive source of information on global system and a quadruple, 𝕋 = ⟨U, C, D, V ⟩, where C = {a1, a2,
PPP projects. The data were supplemented with publicly a3} denotes the set of conditions and D = {a4} denotes the
available data on the implementation and circumstances outcome variable. As with the initial definition, V denotes
surrounding the termination of PPP contracts. We used the value set associated with each attribute in C and D. The
the operational definitions of the PPP models in this data- next step in the rough sets analysis involved the construc-
base to guide the identification of common properties tion of elementary sets and used the notion of indiscerni-
that determined whether a PPP belonged to either PSM bility. Formally, we let B denote a non-empty subset of the
or SPM. The collected information was then used to create set A of all attributes. The indiscernibility relation IND(B) is
a cross-sectional table that comprises PPP projects and a relation on U defined for xi, xk ∊ U by (xi, xk) ∊ IND(B) if and
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their individual characteristics. only if, for both xi and xk, the values for all the attributes
The subsequent steps in the empirical analysis involved from B are identical. The construction of elementary sets
the use of rough sets theory, a rule-based mathematical is based on the principle that PPPs characterized by the
approach to intelligent data analysis, data mining, pattern same information are indiscernible in view of the available
recognition and knowledge discovery (Pawlak 1982, 2002, information about them (Skowron et al. 2015).
Bal 2013). There are many advantages associated with
the chosen method of analysis. Besides being a suitable
Decision rule synthesis and evaluation
method for the analysis of a data table that comprises var-
ious attributes, some of the advantages of the rough sets A decision rule explains an outcome (contract termination)
theory lie in its ability to facilitate the discovery of partial in terms of certain conditions and is a formal language of
or total dependencies from the PPP cross-sectional table. It approximations that takes the form of if…then… logical
also facilitates the elimination of redundant attributes and implications. Each rule rl is comprised of a premise ϕl and
the development of decision rules that are less dependent the conclusion θl. Accordingly, we let 𝜙l and 𝜃l denote the
on external parameters. In addition to the ease of inter- set of PPPs that meet the conditions of the criteria implied
pretation, rough sets theory provides the mathematical in a rule’s premise 𝜙l and conclusion 𝜃l, respectively.
foundation for the analysis of the explanatory power of To evaluate the decision rules, we let 𝜙l ∧ 𝜃l denote the
independent variables (Schupbach and Sprenger 2011) set of PPPs that met the properties specified in both ϕl and
and the analysis of the context sensitivity of any set of θl. For each decision rule, we then associated a number
( )
rival explanatory variables. The overall analysis involved supp rl = ||𝜙l ∧ 𝜃l || that denotes the number of PPPs that
the following sub-steps. met the properties specified in a rule’s premise and conse-
quent. Also, for any decision rule, we associated a certainty
factor cer (rl) ∊ [0,1]. The certainty factor is also known as
Construction of a PPP cross-sectional table
the confidence coefficient, and it measures the truth of a
First, we used the raw data to create a cross-sectional decision rule in view of the available data (Pawlak 2002,
table. Formally, the PPP cross-sectional table 𝕋 is a triple, Bazan et al. 2004). We define the formula for the certainty
𝕋 = ⟨U, A, V ⟩, where U is a non-empty finite set of PPPs and factor as follows:
A is a non-empty finite set of attributes that described each
PPP in U. Hence, if xi denotes a given PPP contract, then ( ) ( ) |𝜙 ∧ 𝜃l ||
cer rl = prob 𝜃l |𝜙l = | l . (1)
U = {x1, x2 … xn}, where n = |U|. The four attributes used, in |𝜙 |
| l|

Table 1. Summary of the attributes used in the study. The certainty factor (for contract termination) equals one
Description Attribute The value set if all the cases that satisfy a rule’s premise also satisfy the
Contract type a1 V1 = {SPM, PSM} property specified in a rule’s conclusion. Also, for any deci-
Project’s sector a2 V2 = {Energy, telecom, transport, sion rule, we associated a coverage coefficient (belonging
water}
Investor’s nationality a3 V3 = {Domestic, foreign, mixed} to [0,1]) that measures the frequency of terminated con-
PPP Status a4 V4 = {Terminated, not-terminated} tracts in the set of contracts that possessed the condition
CONSTRUCTION MANAGEMENT AND ECONOMICS   9

in a rule’s premise. We define the formula for the coverage rule’s consequent by the number of non-terminated con-
coefficient as follows: tracts as follows:

( ) ( ) |𝜙 ∧ 𝜃l || ( ) ( ) |𝜙 ∧ ¬𝜃 ||
cov rl = prob 𝜙l |𝜃l = | l . (2) Pr 𝜙l |¬𝜃 = cov ¬rl = | l . (4)
|𝜃 | |¬𝜃|
| l|

Both the certainty factors and the coverage coefficient Putting these together, we restate the measure of explan-
reveal some conditional probability that expresses the atory power as follows:
approximate knowledge of the factors that influence the ( ) ( ) ( ) ( )
outcome of a PPP. ( ) Pr 𝜙l |𝜃 − Pr 𝜙l |¬𝜃 cov rl − cov ¬rl
l 𝜃, 𝜙l = ( ) ( )= ( ) ( ) (5)
Pr 𝜙l |𝜃 + Pr 𝜙l |¬𝜃 cov rl + cov ¬rl

The analysis of explanatory power


Besides facilitating the resolution of explanation-related
Explanatory power is a notion that is used in contexts in controversies, l induced a normalized measure that pre-
which two or more alternative explanations are compared vented the allocation of explanatory powers based on a
(Ylikoski and Kuorikoski 2010). The calculation of explan- condition’s relative frequency. It also facilitated the inter-
atory power was based on recent developments in the pretation of a range of inferences and counterfactual
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philosophy of science literature (Ylikoski 2007, Ylikoski and implications derivable from the truth-values of a decision
Kuorikoski 2010, Schupbach and Sprenger 2011). As with a rule (Schupbach and Sprenger 2011).
decision rule, the logic of the explanatory power analysis
was comprised of two main components – the explicans
Results
and the explicandum. The explicans refers to the explana-
tion given for an observation, whereas the explicandum Table 2 shows the main results of the analysis.
denotes the event or fact to be explained. Accordingly, one In rough sets theoretic terms, the information in Table 2
can think of a rule’s consequent θ as an explicandum and shows the values of the logical decision rules built from the
a rule’s premise ϕl as the explicans – the explanation for attribute values in the PPP cross-sectional table. Reasoning
contract termination θ. Using these definitions, we then from the results in Table 2, it is possible to extract some
examined the extent to which the conditions in a rule’s approximate implications. As an example, for each deci-
premise provided a strong or weak explanation for con- sion rule, we can identify the certainty factor, cert(ri), which
tract termination. can be interpreted as the conditional probability that a PPP
Formally, an explanatory power εl is a measurable func- contract is terminated, given that it belongs to the set of
tion that maps the two propositions in a decision rule (ϕl contracts that possess the attribute value specified in the
and θ) to a real number in [−1, 1]. The function εl (ϕl, θ) is premise of the decision rule. Hence, from this perspective,
defined as a function of Pr(θ), Pr(ϕl|θ) and the Pr(ϕl|¬θ). The one can say that the conditional probability that a PPP
contention that the incorporation of a contrastive expli- contract is terminated, given that it is implemented under
candum makes the explanatory power analysis explicit and a PSM contract type, is 0.261. Likewise, one can say that the
forces one to articulate a decision rule’s implications and conditional probability that a PPP contract is terminated,
truth-values necessitates the inclusion of ¬θ (i.e. non-ter- given that it is implemented under an SPM contract type,
minated contracts, the exclusive alternative value of a is 0.084. The conditional probability that a PPP contract is
PPP’s status). We state the formula for a rule’s explanatory terminated, given that a domestic firm implemented it, is
power as follows: 0.069, making this the least certain decision rule. Similarly,
( ) ( ) as the conditional probability that a PPP contract is termi-
( ) Pr 𝜙l |𝜃 − Pr 𝜙l |¬𝜃 nated given that it is implemented under a PSM contract
l 𝜃, 𝜙l = ( ) ( ) (3)
Pr 𝜙l |𝜃 + Pr 𝜙l |¬𝜃 type is the highest probability observed, this is the most
certain decision rule. The results also show that the condi-
Regarding the connection between rough set theory tional probability that a PPP contract is terminated given
and the logic of explanatory power analysis, recall that that it is an energy project is higher than those of the other
( ) ( )
Pr 𝜙l |𝜃 = cov rl , the coverage
( )
coefficient associated
( )
sectors (i.e. telecom, transport and water).
with rl. We, therefore, let Pr 𝜙l |¬𝜃 = cov ¬rl denote the No decision rule in Table 2 has an explanatory power
frequency of non-terminated contracts in the set of PPPs or certainty coefficient that equals one. Nevertheless, the
that possessed the properties specified in ϕl. To compute information in Table 2 provides some evidence of differ-
( )
cov ¬rl , one simply divides the number of cases in a rule’s ential relevance to the explanation of contract termina-
premise ϕl that fail to meet the property specified in the tion. For example, it shows that a PSM contract type had
10   A. T. ODOEMENA AND M. HORITA

Table 2. Measures associated with each attribute.


Premise → Consequent Supp(rl) Cov(rl) Cert(rl) εl (rl)
ϕ → θ |Φ ∧ Θ| Pr(ϕ|θ) Pr(θ|ϕ) ε1(θ, ϕ)
r1 (Contract = PSM) → (Outcome = Terminated) 23 0.434 0.261 0.446
r2 (Contract = SPM) → (Outcome = Terminated) 30 0.566 0.084 −0.191
r3 (Sector = Energy) → (Outcome = Terminated) 17 0.321 0.142 0.098
r4 (Sector = Telecom) → (Outcome = Terminated) 24 0.453 0.119 −0.003
r5 (Sector = Transport) → (Outcome = Terminated) 9 0.170 0.093 −0.140
r6 (Sector = Water) → (Outcome = Terminated) 3 0.057 0.120 0.003
r7 (Sponsor = Foreign) → (Outcome = Terminated) 39 0.736 0.134 0.064
r8 (Sponsor = Mixed) → (Outcome = Terminated) 8 0.151 0.157 0.157
r9 (Sponsor = Domestic) → (Outcome = Terminated) 4 0.075 0.069 −0.395

the greatest expected incidence of contract termination. The explanatory relevance of the four sectors with
In other words, with ε1  =  0.446, it can be said that the respect to contract termination appears to be highly sen-
attribute PSM provided the best explanation for con- sitive to background factors. For example, whereas the
tract termination. Conversely, domestic sponsorship pro- attribute energy  ∧  PSM increased the degree to which
vided the least explanation for contract termination, with one would expect contract termination, the attribute
ε9 = −0.395. Domestic sponsorship seems to have provided energy  ∧  domestic eliminated the expectation of con-
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a negative explanation for contract termination. tract termination. A similar observation applied to the
distance between the explanatory power of the attribute
water ∧ mixed and the attribute water ∧ domestic.
The sensitivity of each attribute’s explanatory
In relation to the corresponding certainty coefficients, if
relevance
a PPP was an energy project, and the sponsor was domes-
Using the notion of context sensitivity, we evaluated how tic, the probability that the contract would be terminated
the explanatory power associated with each attribute varied was zero. This explains the strong negative relevance of
when it was combined with another attribute to identify the the attribute energy  ∧  domestic. A similar explanation
susceptibility of their explanatory relevance to local causal applies to the relevance of the attribute water ∧ domes-
interference (Ylikoski and Kuorikoski 2010). The decision tic. Furthermore, one can also see that there seem to be
rule for the sensitivity analysis took the following form: if some circumstances where the telecom and water sectors
Contract_type = x and sector = y, then PPP = terminated. The increase or decrease the expectation of contract termi-
presentation of the results of the analysis thus, places some nation. However, there does not appear to be an easily
emphasis on the potential use of these implications in deci- generalizable logic for the context sensitivity of the sector
sion-making and recommendations. Table 3 shows the con- attributes.
text sensitivity of the explanatory powers of all the attributes. It is also easy to see from Table 3 that, unlike for mixed
Table 3 shows how the explanatory power of each sponsorship, the negative relevance of domestic spon-
attribute in the horizontal axis changes in the context of sorship with respect to contract termination seems rel-
the attribute in the vertical axis, and vice versa. Each entry atively stable. One can also observe the contexts where
xij in the table thus, corresponds to the explanatory power the risk of foreign sponsorship seem most sensitive, par-
of a conjunction of attributes i and j in the vertical and ticularly the significant difference between the sensitivity
horizontal axes (respectively) in the explanation of contract of a foreign-sponsored project and a domestic-sponsored
termination. The interpretation of each entry is therefore, project.
straightforward. For example, the explanatory power of Figure 3 summarizes the variance associated with the
SPM alone is −0.191, whereas the explanatory power falls context sensitivity for all of the explanatory attributes.
to −0.448 when the premise of the decision rule involved As with the conventional interpretation of variance,
an SPM with domestic sponsorship. The first prominent smaller and larger values correspond to lower and higher
observation in Table 3 centred on the fact that the signs sensitivities, respectively. Additionally, an increase in sen-
of the explanatory power of PSM and SPM contracts with sitivity makes the explanatory relationship more fragile
respect to contract termination continue to hold under a and less robust (Ylikoski and Kuorikoski 2010). The infor-
larger set of interventions. The use of SPM contracts seems mation in Figure 3, thus, indicates that the explanatory
to minimize contract termination across a range of circum- power associated with contract type tends to be less con-
stances, unlike the PSM contracts. Therefore, based on this text sensitive and therefore, more reliable than the expla-
result, it would be reasonable to avoid PSM contracts in nations for contract termination derived from the sector
telecom and foreign-sponsored PPPs. and nationality attributes.
CONSTRUCTION MANAGEMENT AND ECONOMICS   11

Table 3. Sensitivity of the attributes’ explanatory power.


PSM SPM Domestic Foreign Mixed Energy Telecom Transport Water
PSM 0.446 – −0.151 0.565 0.192 0.320 0.613 0.336 0.146
SPM – −0.191 −0.448 −0.225 0.152 0.026 −0.446 −0.270 −0.239
Domestic −0.151 −0.448 −0.395 – – −1.000 −0.040 −0.594 −1.000
Foreign 0.565 −0.225 – 0.064 – 0.212 0.059 −0.121 −0.395
Mixed 0.192 0.152 – – 0.157 −0.099 −0.126 0.336 0.573
Energy 0.320 0.026 −1.000 0.212 −0.099 0.098 – –
Telecom 0.613 −0.446 0.040 0.059 −0.126 – −0.003 – –
Transport 0.336 −0.270 −0.594 −0.121 0.336 – – −0.140 –
Water 0.146 −0.239 −1.000 −0.395 0.537 – – – 0.003

0.2500 associated with the PSM, particularly the problems of


enforceability and conflict interests, are relevant in the
0.2000 explanation of contract termination. It also corroborates the
argument of some stakeholders in actual cases of contract
0.1500 termination that the inefficiencies associated with under-
Variance

funding play pervasive roles. This explains why underin-


0.1000 vestment is considered an act of bad faith, an antecedent
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that can undermine a PPP project’s successful implemen-


0.0500
tation, viability and profitability. The general implication
of this result is that one needs to be careful in choosing a
0.0000
contract type for long-term infrastructure projects.
M

rt

tic
M

gn
r

om

ed
gy

According to the literature, one of the problems that


po
at
PS

SP

er

es

ix
ei
ec
W

ns

M
En

om

Fo
l
Te

a
Tr

Contract-Type Project’s Sector Sponsor’s Nationality undermines the suitability of the PSM – and indeed. any
contract that is vulnerable to the holdup and underinvest-
Figure 3. The variance of a PPP attribute’s explanatory powers. ment problems – is the verifiability constraint with the
resulting moral hazard. This makes PSM contracts more
vulnerable to classic implementation problems. The main
Conclusion
idea is that, although verifiability facilitates a contract’s
In conclusion, we have examined empirically the factors enforceability, the benefits associated with verifiability
that contribute to the problem of contract termination may become trivial if the contract is designed in a man-
in PPP, based on insights from theoretical advancement ner that makes optimal investment self-enforcing. In other
in contract theory, transaction costs economics and the words, one can expect a contract type that is not self-en-
theory of industrial organizations. Using these theoretical forcing to be less easy to implement in comparison with
perspectives, we examined an economic model of PPP that a contract type that is self-enforcing.
highlights the negative effects of a contract type that is Our findings indicate that it is possible to use the impli-
vulnerable to the holdup and underinvestment problems. cations of theoretical models to expand the scope of the
Consequently, we focused our empirical examinations explanatory variables used in the study of contract termi-
primarily on the profit-sharing mechanism (PSM) and the nation. Thus, further theoretical and empirical studies are
specific performance mechanism (SPM) – the two contract highly recommended. Due to the complexity of real-life
types that are theoretically expected to have the most dif- PPP projects, future research could consider other factors
ferent effects on contract termination. In view of some of that can be deduced from contract theory to improve
the major issues raised in the existing literature, to facilitate upon the understanding of the mechanisms through
the comparison of rival and competing explanations we which a contract type undermines the viability of a part-
also expanded the scope of the explanatory variables to nership. Some suggested directions for future research
include the project’s sector and the investor’s nationality. include the roles of a contract’s duration and sub-con-
Based on the evidence presented, in this study, we can tracting mechanism.
conclude that contract type is a significant factor in con- Lastly, for some practical reasons, such as the questions
tract termination in PPPs. Aside from having higher cer- raised in relation to sub-Saharan Africa in the literature
tainty coefficients, the explanations derived from contract and the authors’ knowledge of the region, we have con-
type are less sensitive to contextual factors, as compared ducted our analysis using cases from sub-Saharan Africa.
to the explanations derived from a project’s sector or the It would be interesting to examine the effects of regional
sponsors’ nationality. The result justifies the relevance of the factors through some sort of comparative analysis in future
study’s underlying assumption that unique inefficiencies studies.
12   A. T. ODOEMENA AND M. HORITA

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