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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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"Fastest 5 Minutes: SBA, DoD, and COVID-19 Enforcement Trend News (July 1)," Podcast: Fastest 5 Minutes in Government Contracts (July 1, 2020). Contacts: Peter Eyre, M. Yuan Zhou
Client Alert/Newsletter
"GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments," Government Contracts Bullet Points (July 1, 2020). Contacts: Amy Laderberg O'Sullivan, William B. O'Reilly, Zachary Schroeder
Client Alert/Newsletter
"Let's Talk FCA: The CARES Act Provider Relief Fund and False Claims Act Risk (June 2020)," Podcast: Let's Talk FCA (June 30, 2020). Contacts: Mana Elihu Lombardo, Jacinta Alves
Client Alert/Newsletter
"PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs," Government Contracts Bullet Points (June 30, 2020). Contacts: Jacinta Alves, Lorraine M. Campos, Brian Tully McLaughlin, Gail D. Zirkelbach, Lyndsay A. Gorton, Stephanie L. Crawford
Client Alert/Newsletter
"All Things Protest: Watch Out for Waiver (June 2020)," Podcast: All Things Protest (June 29, 2020). Contacts: Christian N. Curran, Robert J. Sneckenberg, William B. O'Reilly
Client Alert/Newsletter
CFIUS Focuses On Chips, Lawyers Say; Expert Seeks Balanced US Approach To China Communications Daily (June 25, 2020)
Media Mentions
"Antitrust Division Update Affirms Continued Efforts of Procurement Collusion Strike Force," Antitrust Law Alert (June 24, 2020). Contacts: Daniel L. Zelenko, Gail D. Zirkelbach, Alexis Victoria DeBernardis, Eric Ashby II
Client Alert/Newsletter
"Does CAS Make Sense?," Government Contracts Bullet Points (June 22, 2020). Contact: Nicole Owren-Wiest
Client Alert/Newsletter
" First Pandemic Response Accountability Committee Report Emphasizes Government-Wide Concerns About Fraud and Grant Management," False Claims Bullet Points (June 19, 2020). Contacts: Jacinta Alves, Lorraine M. Campos, Brian Tully McLaughlin, Gail D. Zirkelbach, Lyndsay A. Gorton, Stephanie L. Crawford
Client Alert/Newsletter
"SBA and Treasury Release New Forgiveness Applications and Revise Interim Final Rules to Conform to New PPP Flexibility Act Requirements," Government Contracts Bullet Points (June 19, 2020). Contacts: Mana Elihu Lombardo, Stephanie Marcantonio, Amy Laderberg O'Sullivan, Paul J. Pollock, Olivia Lynch
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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