Professionals >

Contacts >

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.

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
"Protecting Sensitive Data and the Race for 5G: CFIUS, Team Telecom, the Clean Network program, and the TikTok and WeChat Executive Orders," Crowell & Moring Webinar (October 26, 2020). Presenters: Caroline E. Brown, Adelicia R. Cliffe, and Kate M. Growley.
Speech/Presentation
"OFCCP Issues Request For Information on EO Prohibiting Race and Sex Stereotyping and Scapegoating," Labor & Employment Law Alert - US (October 23, 2020). Contacts: Trina Fairley Barlow, Peter Eyre, Kris D. Meade, Preston L. Pugh, Rebecca L. Springer, Jillian Ambrose
Client Alert/Newsletter
"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

To view more News & Events for this area, please go to our desktop site.

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.

View Desktop Site | Mobile Sitemap

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2020
Attorney advertising - prior results do not guarantee a similar outcome.