The Use of Contracts: Non-profits and Private Firms.

18
of Contracts: Non-profits and Private Firms

Transcript of The Use of Contracts: Non-profits and Private Firms.

Page 1: The Use of Contracts: Non-profits and Private Firms.

The Useof Contracts:Non-profits and Private Firms

Page 2: The Use of Contracts: Non-profits and Private Firms.

Topics Last Week Guest Lectures in PMIA Individual case Group cases

Group 1 pls stay after class Check with your group, drop by

Wednesday! Questions about the readings for this

week. What did you think of it? Definitions C& E, Kooiman: Effectiveness &

Governance

Page 3: The Use of Contracts: Non-profits and Private Firms.

Topics Housekeeping:

Internship UNU Cases

Group 2 pls stay after class Check with your group, drop by Wednesday! Group 2 get questions asked by group 3, etc. All teams read Ch. 6 of “Tools for Innovators” on

Team Management Questions about the readings for this week. What

did you think of it? Now Presentation! Markets, public-private partnerships & contracts

Privatization

Page 4: The Use of Contracts: Non-profits and Private Firms.

Public Management Does Public Management only concern

Government Bureaucracies?

No, it is the combination of organizational management with societal issues, such as AIDS, technological development and so on. In other words, public management also entails working with the private sector. It encompasses the (mal)functioning of society as a whole.

Page 5: The Use of Contracts: Non-profits and Private Firms.

Public Management Today, we mainly focus on the relationship between

the state, or more specific, the government and the market(s).

We discuss contracting out: Rafles case dealt with a private firm La Alianza case dealt with a non-profit organization

Topics: Relation between government and markets; Shortcomings of both markets and governments; Difference between contracting and Public-Private

Partnerships

Page 6: The Use of Contracts: Non-profits and Private Firms.

The Market Often people (in the US) state that Government

is too big, the Market is better! Market:

demand & supply determine an efficient level of production (less problems of control or training)

competition minimizes costs regulates quality

Government: demand & supply don’t balance: pressure to

spend the whole budget by the end of the year inefficiency can lead to higher budgets and more

employees to solve the problems

Page 7: The Use of Contracts: Non-profits and Private Firms.

The Market “The theory of the market is at once an explanation of

what is wrong and what can be done to make things right. If the problem is a set of perverse incentives, the key is to change them. Instead of encouraging government to grow and rewarding bureaucrats with ever-larger budgets, the fix is to replace the government's monopoly with the discipline of vigorous competition.”

Political left and right have supported market- based solutions. Competition will discipline the government in two related ways: more market, less government; government must adapt business tools

Page 8: The Use of Contracts: Non-profits and Private Firms.

The Market Yet, every major policy initiative launched by

the federal government since World War II — including medicare...— has been managed through PPPartnerships. Waste & fraud in govt have involved these partners in combination with weak govt management & oversight

Paradox: People want more market, but the actual practice does not prove their point.

This class is not about less government and more market, it is about better governance.

Page 9: The Use of Contracts: Non-profits and Private Firms.

The Market Simple contracting process:

govt managers specify specs for goods and services

advertise bids open bids publicly at a pre-determined place award contract to lowest bidder who complies

with specifications Advantages for the government:

standardized products (less problems of control and training)

many suppliers (passive role in design of products)

Page 10: The Use of Contracts: Non-profits and Private Firms.

The Market But during & after WWII, contracting evolved:

cooperative venture (much closer than arms’ length)

no predetermined price, but costs plus fee promoting innovation & social change

Indeed some contracts came closer to PPPartnerships

Truman & Eisenhower examples What are actually the other policy tools the

govt has?

Page 11: The Use of Contracts: Non-profits and Private Firms.

The Market Other policy tools:

regulation tax incentives loan programs (income) transfers

Consequence of the new forms of contracting out: the difference between public and private blurred

Market’s function best when you ‘ve got arms-length transaction, large numbers of buyers and sellers for relatively undifferentiated goods

Page 12: The Use of Contracts: Non-profits and Private Firms.

The Market Many markets are different (imperfect in

economic terms, i.e. they are less efficient). For example, there are only a few suppliers. The gvmnt needs: to be able to differentiate between types of

markets; the capacity to manage its contract effectively

In addition, goals (which foster efficiency) are have to be balanced with other goals (justice, responsiveness, etc.)

Page 13: The Use of Contracts: Non-profits and Private Firms.

Problems in contracting & PPP PPPartnerships means that the govt goes outside

its traditional command-and-control hierarchy. The central problem then becomes “inducing an agent to behave as if he were maximizing the principal’s welfare”

Both the contract and the hierarchy are efforts to create “stable and predictable patterns that reduce the many uncertainties that result from negotiating through difficult problems with limited knowledge” but our knowledge/information is limited agents also have other interests, they can shirk principals thus need to monitor

Page 14: The Use of Contracts: Non-profits and Private Firms.

Problems in contracting & PPP So how to deal with conflict-of-interest and

monitoring problem Define the contractor’s job

yet, most (public) organizations have fuzzy goals public org’s goals are the product of law complex environment

Choosing the contractor adverse selection: do we have the best possible

contractor? Conflict-of-interest is inevitable. Selecting Incentives and Sanctions

Measuring and rewarding quality is difficult fuzzy goals, etc

Monitoring Performance It costs money, not spent on primary task

Page 15: The Use of Contracts: Non-profits and Private Firms.

Problems in MarketsSupply side and demand side problems Supply

existence of the market for goods and services competition

(4 examples) barriers of entry

externalities (side effects: costs and benefits that the market does not capture)

Demand side defining the product: cooperative alliance information about the product: budget cuts? Gamesmanship and internalities

Page 16: The Use of Contracts: Non-profits and Private Firms.

Conclusions The variety of market failures helps explain why

the expansive promises of PPPartnerships have often been elusive.

The issue is not to choose between the market or government. It is, rather, how to strike the best balance between them—and how to manage the problems that this balance creates.

We now have mixed public-private power. Don’t think in opposites like govt control, private flexibility, efficiency vs. accounta-bility.The issue hinges the government’s mgmt of private agents to pursue public interests

Page 17: The Use of Contracts: Non-profits and Private Firms.

Conclusions Given the public’s demands & societal

complexity, PPPartnerships are here to stay The problems of all principal agent

relationships are magnified by imperfect markets

So, be careful with privatization. It works worst when there are many externalities and monopolies, limited competition, and efficiency is not the main public interest

In the search for public/private balance seek the public interest.

Page 18: The Use of Contracts: Non-profits and Private Firms.

Topics Housekeeping:

Internship UNU Cases

Group 2 pls stay after class Check with your group, drop by Wednesday! Group 2 get questions asked by group 3, etc. All teams read Ch. 6 of “Tools for Innovators” on

Team Management Questions about the readings for this week. What

did you think of it? Now Presentation! Markets, public-private partnerships & contracts

Privatization