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 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.
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.