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Crowell & Moring's record of favorable results in this specialty litigation area is unsurpassed. While we take pride in the settlements we have helped clients obtain, our accomplishments are best demonstrated by decisions that are a matter of public record.

Representative Engagements

  • Air Force defective pricing claim. United Technologies Corp. - Pratt & Whitney Division, ASBCA Nos. 51410, 53089, 53349, 04-1 BCA 32,556, modified on reconsideration, 05-1 BCA 32,860. Crowell & Moring lawyers defeated Air Force defective pricing claims, in the amount of $299 million, arising from the famous "Great Engine War," involving intense competition between Pratt & Whitney and General Electric from 1984-1990. The Air Force alleged that defective "cost or pricing data" submitted in 1983 increased the prices it paid. After eight weeks of trial and extensive briefing, the ASBCA decided there was defective cost or pricing data, but set-off price understatements, and denied any recovery by the government. When the Air Force moved for reconsideration, Crowell & Moring lawyers counter moved, asking the ASBCA to reverse its conclusions on issues concerning causation and the government's reliance on the defective data. The board completely reversed its prior decision and found that the government relied on "competitive forces," not cost data, mooting the Air Force motion and providing an additional ground for denying the government's entire claim.
  • Declaratory relief and contract breach. In SUFI Network Servs., Inc., ASBCA No. 54503, 04-2 BCA ¶ 32,714, aff'd on recon., 04-2 BCA ¶ 32,788, Crowell & Moring successfully represented SUFI, who had a 15-year contract with the U.S. Air Force to provide telephone services at certain guest lodgings at bases in Germany. Under the contract, SUFI provided the phones and infrastructure on the bases for free and recouped its investment by collecting long-distance and local telephone usage charges from the lodging guests. When the Air Force required SUFI to allow access to other long-distance carriers that circumvented SUFI's system and its collection of revenues, SUFI requested declaratory relief that the Air Force was in material breach and that SUFI could elect to stop work under the contract. The Armed Services Board of Contract Appeals agreed, issuing a decision in SUFI's favor after a one-week trial.

Alternative Dispute Resolution

Crowell & Moring has been a leader in devising and using alternative procedures for resolving government contract disputes. The legislative history of the Administrative Disputes Resolution Act, Pub. L. No. 101-552, 105 Stat 2736 (1990), references Crowell & Moring's role.

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"Cybersecurity and Intellectual Property," Pub K’s Annual Review 2019 (December 12, 2019). Speaker: Nicole Owren-Wiest.
Speech/Presentation
"DOJ’s New Procurement Collusion Strike Force: What it Means for Contractors and How to Manage this Emerging Antitrust Enforcement Risk," McLean, VA (December 10, 2019). Presenters: Shawn R. Johnson, David B. Robbins, Gail D. Zirkelbach, and Alexis Victoria DeBernardis.
Speech/Presentation
"U.S. Supreme Court Hears Argument in Maine and Companion Cases," Government Contracts Bullet Points (December 10, 2019). Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, A. Xavier Baker
Client Alert/Newsletter
Crowell & Moring Team To Tackle DOJ's Procurement Crackdown Bloomberg Law (December 10, 2019)
In the News
"GAO Denies Air Force "Leeway" to Conduct Tradeoff Using Paired Proposals," Government Contracts Bullet Points (December 9, 2019). Contacts: Jonathan M. Baker, Mark A. Ries
Client Alert/Newsletter
Crowell & Moring Launches Procurement Collusion Strike Force Response Team (Dec.09.2019)
Firm News/Announcement
"United States Attorney for the Eastern District of Virginia Talks Procurement Fraud, Compliance and DOJ’s New Procurement Collusion Strike Force," Government Contracts Bullet Points (December 6, 2019). Contacts: Gail D. Zirkelbach, Paul M. Rosen, Alexis Victoria DeBernardis
Client Alert/Newsletter
"Contractors File Suit Against New York MTA’s New Debarment Regime," Government Contracts Bullet Points (December 5, 2019). Contacts: Laura J. Mitchell Baker, Lorraine M. Campos, David B. Robbins
Client Alert/Newsletter
"New DOJ Compliance Program Guidelines," Defense Industry Initiative on Business Ethics and Conduct (December 4, 2019). Speakers: David B. Robbins and Duc H. Nguyen.
Speech/Presentation
Navigating The Government's Contract Compliance Federal New's Network (December 4, 2019)
In the News

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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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