Kent Morrison, one of Crowell & Moring's founding partners, is a senior counsel in the Government Contracts Group. He is resident in the Washington, DC office. His practice is focused on counseling and litigation regarding defective pricing and related cost issues; internal investigations and compliance reviews; defense of procurement fraud allegations; and government contracts claims counseling and litigation.
Mr. Morrison is a Phi Beta Kappa graduate of Rice University and received his law degree from the Yale Law School. He has practiced government contracts law since 1973, and he chaired Crowell & Moring's Government Contracts Practice Group from 1987-2003. He has held or holds leadership positions in various professional organizations including: Council of the American Bar Association's Section of Public Contract Law, Co-Chair of the Section's Federal Division, Chair of the Section's Federal Claims and Remedies Committee, and Vice Chair of the Section's Judicial Remedies and Truth in Negotiations Act Committees; member of the Board of Advisors of the National Contract Management Association; and member of the Advisory Board of the Bureau of National Affairs' Federal Contracts Report. He is also a member of the Government Contract Industry Advisory Committee to the Dean of the George Washington University Law School.
Mr. Morrison is a nationally recognized expert in counseling and disputes regarding the Truth in Negotiations Act (TINA). He most recently represented Boeing Company affiliates McDonnell Douglas Services, Inc., and Alsalam Aircraft LTD in a TINA defective pricing case yielding the first judicial application to any government claim of the 6-year statute of limitations in the Contract Disputes Act. McDonnell Douglas Services, Inc., ASBCA No. 56568, 10-1 BCA ¶ 34325 ( Dec. 2, 2009). He regularly
· Counsels contractors in the process of making TINA disclosures
· Undertakes representations involving
- responding to audit reports
- litigating government contract price reduction claims
- dealing with Inspector General, Civil Investigative Demand, grand jury, and other investigations
· Designs and conducts compliance reviews of contractors' policies, procedures, and practices with respect to TINA compliance
Mr. Morrison's published work in the defective pricing field is extensive. He is the author or co-author of Defective Pricing, Federal Publications Seminars LLC (1992 - 2009); Subcontractor Cost or Pricing Data: Riddles, Mysteries, Quandaries & Ghosts, Government Contract Costs, Pricing & Accounting Reports, Federal Publications (Issue 93-12; December 1993); Compliance With the Truth In Negotiations Act, Federal Publications (1987- 1989), and; Truth In Negotiations III, Briefing Papers, Federal Publications (No. 89-11, October 1989) (updated in Briefing Papers 1990 Revision Note). He has taught or co-taught Federal Publications' "Defective Pricing" course for many years, and he is a frequent teacher of TINA Compliance courses "in house" for government contractors.
Mr. Morrison's litigation and dispute resolution practice spans the subject matter of federal government procurement. He has
· Represented contractors in contract negotiations, ADR proceedings, and with respect to government audits and investigations
· Helped prepare and has litigated construction and supply contract claims before the boards of contract appeals and in the United States Court of Federal Claims
· Defended against False Claims Act and qui tam allegations with respect to government procurements ranging from weapons systems to federal supply schedule commercial items and health care services
· Represented contractors in bid protests at the General Accounting Office, in prime-sub disputes, and in voluntary disclosures involving both civil and military agencies
Among other matters, Mr. Morrison represented claimant in the ground-breaking case that established the United States Government's liability to contractors with respect to foreign military sales contracts. Appeal of Federal Elec. Corp., 1982 WL 7801 (A.S.B.C.A.), 82-2 BCA 15,862, A.S.B.C.A. No. 24,002 (A.S.B.C.A., June 14, 1982) (No. DAAB 07-74-C-0257).
Besides teaching Federal Publications' "Defective Pricing," "Cost Estimating," "Working with the FAR," and "TINA Compliance" courses, Mr. Morrison has conducted numerous in-house courses for contractors (and government entities) on defective pricing, foreign sales, and other issues. He edited the Federal Publications course manual and taught "The Contract Disputes Act of 1978" in the late 1970s and early 1980s. Subsequently, he taught the Disputes section of the Contract Administration course sponsored by George Washington University Law School's (subsequently ESI's) Government Contracts Program. He has lectured and taught on various subjects for the National Contract Management Association, the University of Virginia Law School and, more recently, on defective pricing for the Army's Judge Advocate General's School in Charlottesville, Virginia.
Before he joined Crowell & Moring, Mr. Morrison was an attorney with the El Paso, ( Texas) Legal Assistance Society and, from 1971-1972, its Executive Director. From 1972-1973 he was Acting Chief of the Evaluation Division of the Office of Economic Opportunity's Office of Legal Services in Washington, DC, and Special Assistant to the Director of that office.
Mr. Morrison has been named a top lawyer in the Government Contracts field by Chambers USA.
Publications
· "Defective Pricing," Federal Publications Inc. (1992-2009). Author: Kent R. Morrison.
· "Regulations Issued Pursuant to The 1994 Federal Acquisition Streamlining Act Are Designed to Encourage Commercial Entities to Compete for Public Contracts," National Law Journal at B5, B10-B11 (June 17, 1996). Co-Authors: Kent R. Morrison and Edward Jackson.
· "Subcontractor Cost or Pricing Data: Riddles, Mysteries, Quandries & Ghosts," Costs, Pricing & Accounting Reports 93-12 (December 1993). Co-Authors: Kent R. Morrison and Robert T. Ebert.
· "Truth in Negotiations III," 89-11 Briefing Papers (October 1989, updated in 1990). Author: Kent R. Morrison.
Alerts & Newsletters
· "Inconsistent Statute of Limitations Decisions -- Or Not?," Government Contracts Bullet Points (February 2, 2012). Contacts: Terry L. Albertson, David Z. Bodenheimer, Marc F. Efron, Kent R. Morrison.
· "TINA Threshold Raised but Broader Data Requests Likely," Government Contracts Bullet Points (October 5, 2010). Contacts: David Z. Bodenheimer, Terry L. Albertson, Linda S. Bruggeman, J. Catherine Kunz, J. Chris Haile, Shauna E. Alonge, Kent R. Morrison.
· "Compounding The Problem," Government Contracts Bullet Points (September 24, 2010). Contacts: Terry L. Albertson, Kent R. Morrison, David Z. Bodenheimer, Linda S. Bruggeman, J. Catherine Kunz.
· "CDA's Statute of Limitation Not Jurisdictional," Government Contracts Bullet Points (August 12, 2010). Contacts: Kent R. Morrison, Marc F. Efron, Adelicia R. Cliffe.
· "The Best Defense Is A CDA-Compliant Offense," Government Contracts Bullet Points (June 25, 2010). Contacts: W. Stanfield Johnson, Kent R. Morrison.
· "Statute Of Limitations Invalidates Government Claim For The First Time," Government Contracts Bullet Points (December 18, 2009). Contacts: Marc F. Efron, Kent R. Morrison, Adelicia R. Cliffe.
· "It's All In The Name," Government Contracts Bullet Points (October 14, 2009). Contacts: J. Chris Haile, Kent R. Morrison, Jonathan M. Baker.
· "Supreme Court Strictly Enforces CFC Statute Of Limitation," Government Contracts Bullet Points (January 8, 2008). Contacts: Brian C. Elmer, Kent R. Morrison.
· "Government Not Immune To E-Discovery Costs," Government Contracts Bullet Points (March 16, 2007). Contacts: J. Chris Haile, Kent R. Morrison.
· "Court Re-Affirms Rule On CDA Interest," Government Contracts Bullet Points (November 14, 2006). Contacts: J. Chris Haile, Kent R. Morrison.
· "ASBCA Applies Affirmative Misconduct Standard In Denying Contractor's Estoppel Defense," Government Contracts Bullet Points (May 23, 2006). Contacts: Kent R. Morrison, George D. Ruttinger, Linda S. Bruggeman.
· "Rep. Hunter Steals Page From NISPOM Play Book (Literally)," Government Contracts Bullet Points (March 13, 2006). Contacts: Alan W. H. Gourley, Kent R. Morrison.
· "LOC Clause Applies To Each Delivery Order, Not Full Contract," Government Contracts Bullet Points (July 30, 2004). Contacts: J. Chris Haile, Kent R. Morrison.
· "T4D Slam Dunked To T4C When Contractor Misled," Government Contracts Bullet Points (July 30, 2004). Contact: Kent R. Morrison.
Speaking Engagements
· "Expert Testimony in Current Contracts Cases: More Than What You Find in the Dictionary," ABA Public Contract Law Section, Contract Claims and Disputes Resolution Committee (September 2004). Panelist: Kent R. Morrison.
· "Is There a Future for Expert Witnesses?" D.C. Bar, Federal Bar Association, Board of Contract Appeal Bar Association (May 2004). Panelist: Kent R. Morrison.
· "Experts," Court of Federal Claims 17th Judicial Conference (November 2004). Panelist: Kent R. Morrison.
· "Biotechnology Government Contracting," Federal Publications, Inc. Concentrated Course (October 2000). Presenter: Kent R. Morrison.
· "Working with the FAR," Federal Publications, Inc. Course (1995-2000). Presenter: Kent R. Morrison.
· "Doing Business with the United States Government," Crowell & Moring Course in London (October 1998). Presenter: Kent R. Morrison.
· "Understanding the New Procurement Reform Legislation," George Washington University Course (1997-1998). Presenter: Kent R. Morrison.
· "Voluntary Disclosures," Crowell & Moring HOOPS Conference (November 1995 and November 1996). Presenter: Kent R. Morrison.
· "Government Procurement Issues Seminars," The Boeing Company (1996). Presenter: Kent R. Morrison.
· "Understanding FASA," George Washington University Course (1996). Presenter: Kent R. Morrison.
· "The New Rules Under FASA," ABA Section of Public Contract Law (December 1995). Presenter: Kent R. Morrison.
· "The Agony of Claiming to Have a Claim," Speech for United Technologies Corporation Annual Government Contracts Conference (June 1995). Presenter: Kent R. Morrison.
· "Cost Estimating," Federal Publications, Inc. Course (1986-1995). Presenter: Kent R. Morrison.
· "Procurement Integrity and the Office of Government Ethics Rules," EG&G at Las Vegas, Nevada (1994). Presenter: Kent R. Morrison.
· "Emerging Issues in Foreign Military Funded Programs," ABA Section of Public Contract Law Program (April 1993). Presenter: Kent R. Morrison.
· "Government Procurement Issues," Refresher Seminars for The Boeing Company (1993). Presenter: Kent R. Morrison.
· "Compliance With the Truth In Negotiations Act," Federal Publications, Inc. (1987-1989). Presenter: Kent R. Morrison.
· "The Contract Disputes Act of 1978," Federal Publications, Inc. (1979-1984). Presenter and Editor of Course Manual: Kent R. Morrison.