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The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.
The book the American Prospect calls “an essential resource for future reformers on how not to govern,” by America’s leading defender of the public interest and a bestselling historian “An essential read for those who want to fight the assault on public goods and the commons.” —Naomi Klein A sweeping exposé of the ways in which private interests strip public goods of their power and diminish democracy, the hardcover edition of The Privatization of Everything elicited a wide spectrum of praise: Kirkus Reviews hailed it as “a strong, economics-based argument for restoring the boundaries between public goods and private gains,” Literary Hub featured the book on a Best Nonfiction list, calling it “a far-reaching, comprehensible, and necessary book,” and Publishers Weekly dubbed it a “persuasive takedown of the idea that the private sector knows best.” From Diane Ravitch (“an important new book about the dangers of privatization”) to Heather McGhee (“a well-researched call to action”), the rave reviews mirror the expansive nature of the book itself, covering the impact of privatization on every aspect of our lives, from water and trash collection to the justice system and the military. Cohen and Mikaelian also demonstrate how citizens can—and are—wresting back what is ours: A Montana city took back its water infrastructure after finding that they could do it better and cheaper. Colorado towns fought back well-funded campaigns to preserve telecom monopolies and hamstring public broadband. A motivated lawyer fought all the way to the Supreme Court after the state of Georgia erected privatized paywalls around its legal code. “Enlightening and sobering” (Rosanne Cash), The Privatization of Everything connects the dots across a wide range of issues and offers what Cash calls “a progressive voice with a firm eye on justice [that] can carefully parse out complex issues for those of us who take pride in citizenship.”
Contract management is a critical skill for all contemporary public managers. As more government duties are contracted out, managers must learn to coordinate and measure the performance of private contractors, and to write contract requirements and elicit bids that obtain important services and products at the best possible price and quality. They must also learn to work in teams that include both public and private sector partners. The Responsible Contract Manager delves into the issues of how to ensure that the work done by private sector contractors serves the public interest and argues for the necessity of making these organizations act as extensions of the public sector while maintaining their private character. Government contract managers have a unique burden because they must develop practices that ensure the production advantages of networked organizations and the transparency and accountability required of the public sector. The Responsible Contract Manager fills a major gap in public management literature by providing a clear and practical introduction to the best practices of contract management and also includes a discussion of public ethics, governance and representation theory. It is an essential guide for all public management scholars and is especially useful for students in MPA graduate programs and related fields.
Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.
In this study outsourcing is defined as the organizational practice of contracting for services from an external entity while retaining control over assets and oversight of the services being outsourced. In the 1980s, a number of factors led to a renewed interest in outsourcing. For private sector organizations, outsourcing was identified as a strategic component of business process reengineering-an effort to streamline an organization and increase its profitability. In the public sector, growing concern about the federal budget deficit, the continuing long-term fiscal crisis of some large cities, and other factors accelerated the use of privatization measures (including outsourcing for services) as a means of increasing the efficiency of government.
PDF can be downloaded for free from: http://martenscentre.eu/publications/contracting-out-private-military-and-security-companies The global trend for contracting out the supply of military and security services is growing. Security is being transformed from a service for the public or common good into a privately provided service. This paper argues that the implications of outsourcing security services to private agencies are neither a positive nor negative phenomenon. However, proper regulation of private military and security services is important. The author recommends that states should determine their 'inherently governmental functions' and keep these functions out of the market's reach.
This text analyzes contracting out government services through the prism of economics. Beginning with the theory of privatization, it examines contracting in the criminal justice area and other diverse areas, as well as exploring the mechanics, obstacles and effects of contracting.
Insightful and comprehensive and covering new subjects like globalization and IT, this text, international in its approach, provides a thorough introduction to the key phases of the contracting process and the skills required by managers in its implementation. These include: policy for contracting strategic purchasing understanding markets communicating the contracting decision designing and drafting the contract the role of the consumer the regulation of service provision Illustrated throughout with practitioner case-studies from a range of OECD countries, this book presents an important new theoretical ‘contract management model’ and a ‘mature contract model', and explores the mechanisms, formal rules and informal norms that influence the way governments contract for public services. This book is essential reading for all students of public management and all public service managers.
The second edition of Government Contracting: Promises and Perils picks up where the first edition’s mission left off: exposing fraud, incompetence, waste, and abuse (FIWA) and analyzing corruption, mismanagement, and ineptitude that defile government contracting. The first edition thoroughly outlined procurement throughout the contracting cycle including initial planning, contractor selection, contract administration, contract closeout, and auditing. This significantly revised new edition provides additional much-needed guidance on contracting documents, management tools, and processes for addressing negative influences on government contracting, including an improved approach to evaluating proposals. Specific guidance for avoiding FIWA is provided for government officials and employees, government agencies, and government contractors, and practical solutions to problems faced by individuals and organizations involved in government contracting are intended for both practitioner and pedagogical applications. The "Government Procurement Corruption Wall of Shame" that was introduced in the first edition to illustrate contracting perils such as conflicts of interest, duplicity, favoritism, incompetence, kickbacks, and protests is continued in the second edition, and cases illustrating the existence of FIWA in government contracting have been thoroughly updated. Contracting documents and contract management tools are provided on a website designed to accompany the book. Written at the graduate level and specifically intended for state, local, federal, and international government procurement activities, this textbook is required reading for public procurement, contract management, business, and public administrations courses.