Prizes! Innovating, Risk Shifting, and Avoiding Contracts and Grants

The Public Manager, page 33 (Winter 2014), Forum on "Acquisition: Short-Term Tactics and Long-Term Change"

3 Pages Posted: 20 Dec 2014

See all articles by Steven L. Schooner

Steven L. Schooner

George Washington University - Law School

Nathaniel Castellano

Arnold & Porter; George Washington University - Law School

Date Written: 2014

Abstract

This short piece introduces prizes (or prize contests), which have become the darling of the Obama administration. Public managers increasingly find prizes more attractive than the more conventional and heavily regulated vehicles that they replace, contracts and grants. The paper explains some of the advantages of this increasingly popular approach and signals a cautionary note, particularly to contestants. Unfortunately, the government has not yet provided a straightforward means for contestants to obtain meaningful review if and when disputes arise. Accordingly, the authors suggest that, while shifting risk to the private sector is fair game, contest-sponsoring agencies should respect the private sector’s valuable intellectual capacity and scarce resources, and incorporate dispute resolution clauses into their competition guidelines. The authors anticipate publishing more extensive research on this topic in the near future.

Keywords: contracts, grants, prizes, contests, challenge, gov, innovation, dispute resolution

JEL Classification: H57, K23, L33, O31

Suggested Citation

Schooner, Steven L. and Castellano, Nathaniel, Prizes! Innovating, Risk Shifting, and Avoiding Contracts and Grants (2014). The Public Manager, page 33 (Winter 2014), Forum on "Acquisition: Short-Term Tactics and Long-Term Change", Available at SSRN: https://ssrn.com/abstract=2540096

Steven L. Schooner (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-3037 (Phone)
202-994-5614 (Fax)

HOME PAGE: http://www.law.gwu.edu/steven-l-schooner

Nathaniel Castellano

Arnold & Porter ( email )

601 Massachusetts Ave, NW
Washington, DC 20001
United States

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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