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Public-private partnership (PPP) highway projects in India are undertaken at both state and national levels, such that differences exist in how the procuring authorities manage project risk during the development and construction phase under different institutional frameworks. This study assesses the performance implication of the different administrative positionings of the procuring authority.

A data set of 516 PPP highway projects implemented in India formed the basis of this study. Means comparison, ordinary least squares (OLS) regression and seemingly unrelated regression were used to assess the impact of procuring authority on schedule performance.

The findings suggest that the state and the national highway projects were no different in achieving financial closure. However, the administrative positioning of the procuring authorities had a significant impact on other schedule performance variables. The construction of the state highway projects started quickly after the financial closure compared to the national highway projects. Moreover, the state highway projects were not only planned to be implemented at a faster rate but they were actually implemented at a faster rate and had a lower time overrun.

Procuring authorities under the state governments, being closer to the project, are better placed to manage project risk than those under the national government.

The administrative distance of the procuring authority from the PPP project and its implication on performance has never been studied.

Involvement of lenders for PPP highway projects in India starts after the bid award. The post-award development phase of Toll and Annuity PPPs differ significantly in terms of potential risk assumed by lenders. This study aims to assess the impact of the transparency law on the post-award development phase of Toll and Annuity PPPs.

A unique dataset of 469 PPP highway projects implemented in India was used to conduct this empirical study. An OLS regression model was developed to assess the impact of the transparency law on the post-award development phase.

Enacting the transparency law increased the duration of the post-award development phase of Toll projects; however, its impact on Annuity projects was not significant. Moreover, Toll and Annuity projects with a longer post-award development phase had a shorter construction phase. The post-award development phase of the Toll projects was relatively more sensitive to technical, economic and location-specific variables than Annuity projects. Length of road stretch, duration of the concession period and individual income of end-users significantly impacted the duration of this phase of Toll projects.

Transparency law can improve risk mitigation of Toll projects during the post-award development phase.

The impact of transparency law on PPP projects has never been assessed. This study assesses its impact on the two forms of PPPs. It also highlights the determinants of this phase and how they differ for the two forms of PPPs.