Privatization

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From its simple roots as a "contracting out" policy, privatization has not only survived changes and turnover in the executive and legislative branches, but has steadily evolved and grown as a result of new government reform policies and legislation. Privatization now spans the spectrum of activities from public-private competitions to public-private partnering, to energy savings performance contracts. The experience of Crowell & Moring Government Contracts lawyers extends over this spectrum of activities.

Our Clients

Our clients include contractors who are competing directly against the government and also contractors who are teamed up with public entities or are competing against public-private combinations. These public-private competitions and partnerships present novel issues, such as organizational conflicts of interest, that Crowell & Moring has had a direct hand in shaping.

Typical Issues

The issues we typically press for clients in privatization matters include: OMB Circular A-76 counseling and protests, public-private partnering, Energy Savings Performance contracts, depot-level maintenance competitions, organizational conflicts of interest, and legislative developments.

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"ASBCA Holds that Transmission Emails are "Part of the Same Transaction" as Mods for Plain Meaning Purposes," Government Contracts Bullet Points (May 24, 2019). Contacts: Brian Tully McLaughlin, Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman
Client Alert/Newsletter
"Take Two: DoD Issues Another Proposed Rule on Performance-Based Payments," Government Contracts Bullet Points (May 23, 2019). Contacts: Elizabeth Buehler, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"Defective Pricing & the False Claims Act," False Claims Bullet Points (May 21, 2019). Contacts: David Z. Bodenheimer, Brian Tully McLaughlin, Jason M. Crawford
Client Alert/Newsletter
"Foreign Governments Join the Commercial Item Party," Government Contracts Bullet Points (May 20, 2019). Contacts: Nicole Owren-Wiest, Lorraine M. Campos, Elizabeth Buehler, Catherine O. Shames
Client Alert/Newsletter
"Let's Talk FCA: The Lasting Impact of the FERA Amendments (May 2019)," Podcast: Let's Talk FCA (May 20, 2019). Contacts: Brian C. Elmer, Mana Elihu Lombardo, Jason M. Crawford
Client Alert/Newsletter
"Fastest 5 Minutes: EEO-1, SBA, FCA News (May 17)," Podcast: Fastest 5 Minutes in Government Contracts (May 17, 2019). Contacts: Peter Eyre, David B. Robbins
Client Alert/Newsletter
"New Executive Order on IT Supply Chain Takes Aim at Huawei and Others, Poses Significant Implications for Government Contract Supply Chains," Government Contracts Bullet Points (May 16, 2019). Contacts: Paul Freeman, Adelicia R. Cliffe, Peter Eyre, Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff
Client Alert/Newsletter
Legal Landmines And Patchworks: The State Of Privacy And Cybersecurity Compliance For Business (May 15, 2019). Author: Paul M. Rosen.
Publications
Kuwaiti Judge Rejects Testimony On Behalf Of Imprisoned Female CEO Newsmaxworld (May 15, 2019)
In the News
"For Whom the Statute Tolls: Ten Years Is Now the Default Statute of Limitations Period for All FCA Cases, High Court Holds," False Claims Bullet Points (May 13, 2019). Contacts: Brian Tully McLaughlin, Gail D. Zirkelbach, Mark R. Troy, Jason M. Crawford, Sarah A. Hill
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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