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Our practice covers the full range of defective pricing issues and related disputes. We field questions on cost or pricing data issues in real time, such as the following:

  • What is effective disclosure?
  • How do you deal with subcontractor data?
  • What about commercial items and interdivisional work orders?
We provide comprehensive advice to clients — civilian and military, GSA supply schedule and FMS, prime and subcontractors — in grappling with disclosures, audits, and fraud risks. We respond to defective pricing audit reports, develop compliance strategies, and handle defective pricing/fraud investigations. We also have performed dozens of compliance reviews of contractors' policies, procedures, and practices to ensure TINA compliance. In addition, we have won the two largest cases in the history of the Truth in Negotiations Act (TINA).

Representative Engagements

  • Defeated $299 million defective pricing claim after a 33-day trial and Federal Circuit appeal, covering nearly every facet of TINA, from disclosure and judgments to offsets, reliance, and causation. 
  • Sustained a contractor's appeal of a final decision that it had defectively priced a multiple-award-schedule contract for systems furniture. In this 55-page decision, the GSBCA concluded, inter alia, that GSA had failed to establish defective pricing because the undisclosed commercial discounts upon which it based its case were not for relevant products and that, even if GSA had demonstrated defective pricing, its method of calculating damages was unreasonable. 
  • Defended a defective-pricing-based False Claims Act case (in federal district court, one of the few tried to conclusion) principally involving alleged nondisclosure of changes to a bill of materials. 
  • Prevailed on $90 million claim testing when a management decision having possible cost reduction impacts becomes cost or pricing data. Lockheed Corp., ASBCA Nos. 36420, 37495, and 39195, 95-2 BCA ¶ 27,722.

View More

"Independent Public Accountants," Government Contracts Bullet Points (August 5, 2020). Contact: Nicole Owren-Wiest
Client Alert/Newsletter
"GSA Requiring Mass Modification to MAS Solicitation and Will Issue Mass Bilateral Modifications to All Multiple Award Schedule Contracts to Prohibit Use of Huawei/ZTE Equipment," Government Contracts Bullet Points (August 4, 2020). Contacts: Lorraine M. Campos, Adelicia R. Cliffe, Alan W. H. Gourley, M. Yuan Zhou, Stephanie L. Crawford
Client Alert/Newsletter
"Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action," Government Contracts Bullet Points (August 4, 2020). Contacts: Mana Elihu Lombardo, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Preston L. Pugh, Lyndsay A. Gorton, Olivia Lynch
Client Alert/Newsletter
Trusted Investigations Counsel and Court-Appointed Monitor Preston Pugh Joins Crowell & Moring (Aug.03.2020)
Firm News/Announcement
Crowell & Moring Hires False Claims Act Duo In Washington Bloomberg News (August 3, 2020)
Media Mentions
Crowell Ramps Up Hiring Amid Expected Rise In COVID-19 Relief Investigations American Lawyer (August 3, 2020)
Media Mentions
Crowell & Moring Taps Miller & Chevalier Partner, DC Prosecutor, Expecting False Claims Flood Reuters (August 3, 2020)
Media Mentions
"Fastest 5 Minutes: Section 889 Special Edition (July 31)," Podcast: Fastest 5 Minutes in Government Contracts (July 31, 2020). Contacts: Adelicia R. Cliffe, Peter Eyre
Client Alert/Newsletter
"All Things Protest: Out of Bounds - Agency Boundaries in Technical Evaluations (July 2020)," Government Contracts Bullet Points (July 30, 2020). Contacts: Christian N. Curran, Robert J. Sneckenberg
Client Alert/Newsletter
Lessons From OIG Relief Funding Oversight Report (July 30, 2020). Authors: Lorraine M. Campos, Jacinta Alves, Brian Tully McLaughlin, Gail D. Zirkelbach, Stephanie L. Crawford, and Lyndsay A. Gorton.
Publications

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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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