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- Title
Let the Rookies Up to Bat: Re-evaluating Legislation and Agency Practices in the Procurement of Private Prison Management Services.
- Authors
KIM, TERENCE
- Abstract
Flawed procurement processes can be a stifling hindrance to competition and innovation in the provision of services across many industries. When used inappropriately, narrow procurement indicia such as fixed cost savings and past performance act as barriers to entry to otherwise worthy candidates who offer value beyond cost or are simply new to the market. In the context of private prisons, these barriers are especially damaging as failure to innovate yields negative social costs beyond simple financial inefficiencies. Unfortunately, in the procurement of private prison management services, federal and state agencies typically use ill-suited procurement processes guided by poorly crafted legislation. This Note proposes changes to the law and the procurement process which aim to mitigate these barriers to entry, to stimulate innovation in private prison services, and to facilitate the entry of new competition for private prison management contracts.
- Subjects
PRIVATE prison industry; EXTERNALITIES; CORRECTIONS Corp. of America; FEDERAL laws; STATE laws; TECHNOLOGICAL innovations
- Publication
Columbia Journal of Law & Social Problems, 2016, Vol 49, Issue 3, p343
- ISSN
0010-1923
- Publication type
Article