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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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"Let's Talk FCA: Cybersecurity Risks (October 2019)," Podcast: Let's Talk FCA (October 15, 2019). Contacts: David B. Robbins, Kate M. Growley, CIPP/G, CIPP/US, Mana Elihu Lombardo, Jason M. Crawford
Client Alert/Newsletter
"In the Land of the Disfavored: FAR Council Issues Proposed Rule on Avoiding Usage of LPTA," Government Contracts Bullet Points (October 11, 2019). Contacts: Elizabeth Buehler, Charles Baek, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"At Last! Proposed Amendments to the FAR Reflecting Increased MPT, SAT and TINA Thresholds," Government Contracts Bullet Points (October 10, 2019). Contacts: Elizabeth Buehler, Charles Baek, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"A Practicum in Government Contracts Data Rights," Government Contracts Breakfast Series, Arlington, VA (October 8, 2019). Panelists: Jonathan M. Baker, John E. McCarthy, Jr., Nicole Owren-Wiest, Christopher D. Garcia, and M. Yuan Zhou.
Speech/Presentation
"Court of Federal Claims Grants Summary Judgment in Affordable Care Act "Reinsurance" Litigation," Government Contracts Bullet Points (October 8, 2019). Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Monica DiFonzo Sterling, Charles Baek, A. Xavier Baker, Skye Mathieson
Client Alert/Newsletter
"Show Me the Value: DFARS Proposes Rule on Market Research and Value-Based Price Reasonableness Determination," Government Contracts Bullet Points (October 4, 2019). Contacts: Elizabeth Buehler, Charles Baek, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"Fastest 5 Minutes: Waning LPTA Authority and Other Transactions News (October 4)," Podcast: Fastest 5 Minutes in Government Contracts (October 4, 2019). Contacts: Peter Eyre, David B. Robbins
Client Alert/Newsletter
"Government Charged With Knowledge of Unapproved Subcontractors Listed on Invoices," Government Contracts Bullet Points (October 2, 2019). Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Elizabeth Buehler, Michelle D. Coleman, Charles Baek, Catherine O. Shames
Client Alert/Newsletter
"Snooze You Lose: ASBCA Denies Appeal Seeking Payment for Employee Paid "To Do Nothing" During Stop Work," Government Contracts Bullet Points (October 1, 2019). Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman
Client Alert/Newsletter
"All Things Protest: Failure to Launch – OTA Jurisdiction at COFC (September 2019)," Podcast: All Things Protest (September 27, 2019). Contacts: Jonathan M. Baker, Olivia Lynch, Christian N. Curran
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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