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Subway Wins Latest Round Of 15-Year Construction Litigation Saga

Client Alert | less than 1 min read | 12.15.05

After 15 years of litigation, two trials and the deaths of two judges, Chief Judge Hogan of the U.S. District Court in D.C. wrote the latest chapter in the subway litigation saga, Mergentime-Perini v. WMATA (11/28/05), issuing a 192-page opinion upholding the default terminations of contracts for two Washington Metro subway stations, denying virtually all of the contractors' claims and awarding WMATA over $21 million in excess reprocurement costs and other damages, plus prejudgment interest. Crowell & Moring has represented WMATA in this protracted litigation, which has already established precedent on such issues as whether performance bonds cover allegedly unauthorized contract modifications and the duties of successor judges who take over an uncompleted case after trial.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...