PRACTICE
AREAS
OUTSOURCING AND PRIVATIZATIONThe
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
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