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NCJ Number: 64164 Find in a Library
Title: ORGANIZATIONAL CONFLICT OF INTEREST AND THE GROWTH OF BIG GOVERNMENT
Journal: HARVARD JOURNAL ON LEGISLATION  Volume:15  Issue:2  Dated:(FEBRUARY 1978)  Pages:297-364
Author(s): D GUTTMAN
Date Published: 1978
Page Count: 68
Format: Article
Language: English
Country: United States of America
Annotation: CONFLICT-OF-INTEREST ISSUES IN THE GOVERNMENT'S CONTRACTING FOR 'PROFESSIONAL SERVICES' ARE IDENTIFIED, AND REFORM PROPOSALS ARE PRESENTED.
Abstract: AS THE FEDERAL GOVERNMENT HAS GROWN, IT HAS RELIED LESS ON THE CIVIL SERVICE AND MORE ON 'PROFESSIONAL SERVICE' CONTRACTORS TO PERFORM RESEARCH AND MANAGEMENT FUNCTIONS. HOWEVER, UNLIKE THE CIVIL SERVICE, WHERE THE PUBLIC INTEREST IN IMPARTIALITY IS PROTECTED BY CONFLICT-OF-INTEREST LAWS AND REGULATIONS, THESE CONTRACTORS' CONDUCT IS NOT SUBJECT TO SUCH LAWS. REGULATIONS WHICH PURPORT TO GOVERN 'ORGANIZATIONAL CONFLICTS OF INTEREST' DO NOT PROTECT THE PUBLIC INTEREST IN IMPARTIALITY, BUT RATHER THE PRIVATE INTERESTS OF COMPETITORS. CONFLICTS OF INTEREST INFECT PROFESSIONAL SERVICES CONTRACTING AND ARE RELATED TO OTHER PROBLEMS OF CONTRACTING, SUCH AS UNACCOUNTABILITY, IMPROPER DELEGATION OF AUTHORITY, AND INEFFICIENCY. ATTEMPTS TO ELIMINATE THIS CONTRACTING CONFLICT-OF-INTEREST PROBLEM BY IMPOSING A FLAT PROHIBITION ON CONFLICTS HAVE FLOUNDERED IN THE FACE OF ARGUMENTS SUPPORTING CONTRACTING CONFLICTS OF INTEREST AS SERVING THE PUBLIC INTEREST. THE EVIDENCE, HOWEVER, SHOWS THAT THE PUBLIC INTEREST IS NOT SERVED BY THESE ARRANGEMENTS. TO RESOLVE THE CONTRACTING CONFLICTS-OF-INTEREST PROBLEM, MORE INFORMATION IS NEEDED ABOUT THE INTERESTS OF INDIVIDUAL CONTRACTORS AND THE CONTRACT BUREAUCRACY AS A WHOLE. THE PATTERNS OF CONTRACTING CONFLICTS SHOULD ALSO BE USED AS GUIDES IN DRAFTING IMMEDIATE REFORMS. FOOTNOTES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Conflict of interest; Federal government; Government contracting; Grants or contracts; Reform
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64164

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