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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

"Cost and Pricing Trends - What's New with Oversight at DCAA and DCMA", 25th Annual Government Contracting Virtual Conference (October 27, 2020). Presenter: Nicole Owren-Wiest.
Speech/Presentation
"Employment Law Update," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Trina Fairley Barlow, Kris D. Meade, and Rebecca L. Springer.
Speech/Presentation
"Claims and Requests for Equitable Adjustment," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, and John Nakoneczny.
Speech/Presentation
"2020 Regulatory Priorities and Commercial Contracting," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Robert A. Burton, Lorraine M. Campos, David J. Ginsberg, and Craig D. Barrett.
Speech/Presentation
"Procurement Fraud/FCA/Investigations," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Brian Tully McLaughlin, Preston L. Pugh, Nkechi A. Kanu, and Jared Engelking.
Speech/Presentation
"Pre-Award Protest Challenges: Terms, Acquisition Approach, and Timeliness Traps," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Amy Laderberg O'Sullivan, Eric M. Ransom, Christian N. Curran, and Zachary Schroeder.
Speech/Presentation
"Post-Award Bid Protests: Eyeing Current and Future Issues," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Daniel R. Forman, Anuj Vohra, Olivia Lynch, and Robert J. Sneckenberg.
Speech/Presentation
"Government Contracts IP: Protecting Your Secret Sauce in an Era of Hungry Customers," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Jonathan M. Baker, John E. McCarthy Jr., Christopher D. Garcia, and M. Yuan Zhou.
Speech/Presentation
"Accounting, Cost, and Pricing," OOPS 20/20 - Setting Your Sights (October 20, 2020). Presenters: Nicole Owren-Wiest, Skye Mathieson, Catherine O. Shames, and Sean K. Griffin.
Speech/Presentation
"Conversation with the Honorable G. Zachary Terwilliger, United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 20, 2020). Moderators: Preston L. Pugh and Alexis Victoria DeBernardis.
Speech/Presentation

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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, Brussels, and Shanghai.

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