Some Legal Reforms to Increase Contractor Accountability

OUTSOURCING THE U.S., Jody Freeman and Martha Minow, eds., 2008

U of Michigan Public Law Working Paper No. 97

45 Pages Posted: 13 Nov 2007 Last revised: 2 Dec 2007

Nina A. Mendelson

University of Michigan Law School

Abstract

The extensive contracting out of government functions, such as the operation of nuclear energy facilities, preparation of government budgets, and even oversight of government contracts themselves, has raised great concern about contractor accountability. This chapter identifies some particular issues of contractor accountability, including accountability to private parties for harm done and the need for public access to and participation in 'policy-setting' types of activities conducted by contractors. The chapter further discusses the need for any reform to prompt agencies to more clearly specify contract requirements and to closely monitor those contracts, rather than displacing agency supervision with private litigation. Finally, the chapter suggests and discusses several possible adaptations of current law that would increase contractor responsibility, while simultaneously giving contractors an incentive to seek out, rather than to avoid, greater agency supervision.

Suggested Citation

Mendelson, Nina A., Some Legal Reforms to Increase Contractor Accountability. OUTSOURCING THE U.S., Jody Freeman and Martha Minow, eds., 2008; U of Michigan Public Law Working Paper No. 97. Available at SSRN: https://ssrn.com/abstract=1029390

Nina Mendelson (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-936-5071 (Phone)
734-763-9375 (Fax)

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