Upping the emergency management ante: the role of private sector collaboration in emergency management and whether state procurement and emergency management laws are built to collaborate

Abstract

The benefits of public-private collaborations for enhanced emergency management purposes are widely acknowledged, but the questions of when and how such collaborations would be most beneficial have been the subject of much debate. Arguably, it is at the preparedness stage that the private sector’s resources, innovative technologies and business continuity expertise can best be used to create more robust risk reduction and preparedness plans. Collaborations at this stage also provide for the identification and proper competitive procurement of all reasonably foreseeable emergency-related goods and services, rather than overuse of the emergency no-bid exception to competitive procurement, which can result in contractor fraud and government abuse. But, do the appropriate legal mechanisms exist to support increased collaborations? Given that the discussion surrounding such collaborations is still current, the assumption was that legal reform would be necessary. Using the Best Practice Research methodology, a review of the states’ procurement and emergency management laws actually reveals that they generally contain the necessary language to support increased public-private collaborations. But, some are more explicitly supportive of such collaborations than others. Accordingly, this thesis offers a statutory policy framework for agencies to consider to make greater use of private resources for better emergency management practices.