McAleese & Associates, P.C.: Generating Win/Win Solutions for the Government Customer, Industry and Shareholder Alike

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PRACTICE AREAS

OUTSOURCING AND PRIVATIZATION

The Firm crafts and implements outsourcing and privatization strategies for its clients to exploit new business capture opportunities. It also establishes vehicles to pre-empt and mitigate those risks associated with outsourcing and privatization. Specifically, the Firm:

  • Assists clients in removing impediments to DoD outsourcing and privatization
  • Advises organizations on how to best insulate themselves from joint and several environmental liability for pre-existing site conditions
  • Mitigates environmental contractor liability under the civil False Claims Act
    (e.g., qui tam suits)
  • Negotiates and drafts "global indemnifications" with DoD, EPA, and other state agencies to prevent post-award disputes and litigation
  • Executes the necessary on-site due diligence prior to, and following, contract award to identify and resolve any potential problems for the contractor
  • Develops well-defined, post-award transition plans and compliance programs
    to ensure that contractor's new business capture is maximized, while
    environmental and qui tam whistleblower threats are minimized
  • Constructs appropriate firewalls to protect contractor investment and enhance the organization's bottom-line profitability
  • Conducts risk assessments, and provides risk management and mitigation strategies
  • Reduces exposure to a wide variety of other costly lawsuits connected with
    DoD outsourcing and privatization activities. Examples include:
    (1) class action suits based on alleged race or age discrimination
    (2) disputes concerning reduction in benefits and pension packages
    (3) alleged breach of government employee "right of first refusal" preferences to "badge over" to contractor workforce
    (4) disputes over intellectual property and technology ownership
    (5) suits challenging outsourcing and privatization competitions by labor groups and other DoD franchises with excess capacity
  • Counsels on other business issues such as crafting "best-value" solutions and submitting lowest-price proposals in OMB Circular A-76 public-private competitions

 
McAleese & Associates, P.C.
Counselors in Law and Business
7918 Jones Branch Drive
Suite 430
McLean, Virginia 22102
Tel: (703) 917-8900
Fax: (703) 917-8911
E-Mail: info@mcaleese.com