Statement of intent.

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If it is determined that privatization of certain governmental functions may be appropriate, the privatization inquiry process should be well defined with appropriate non-partisan, institutional oversight. The principles that guide a privatization inquiry shall include the following:

(a) To ensure the potential savings are realized and maximized — build cost controls and containment incentives into contracts to eliminate excessive and unreasonable overhead costs and profits at the expense of citizens of the state;

(b) To preserve and promote competition — permit in-house program managers and public employees to bid for the contract on a level playing field;

(c) To ensure quality and responsiveness — develop reliable measures of service quality, strengthen in-house monitoring capacity and expertise, and write contracts with periodic performance reporting;

(d) To ensure accountability, control, and avoidance of conflicts of interest with departmental managers — write detailed contract specifications, and require record-keeping and periodic reports;

(e) To address legal and political barriers — involve affected groups in the decision making process; and

(f) To recognize the impact on service recipients, employees, and their families — enable public employees to have an opportunity to bid for their work.

History of Section.
P.L. 2007, ch. 73, art. 42, § 1.


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