Government burden of proof at issue in cases under the False Claims Act; contractors are facing more charges of 'product substitution.'
Article Abstract:
'Product substitution' brought under the False Claims Act against public contractors are being increasingly used by the federal government to recover civil damages. In order to recover damages, there must be evidence that government payments were greater than they would have been in a situation with no false claim since the work provided was substandard. This burden of proof can make it difficult for the government to recover civil damages. Sticking points can include inability to pinpoint which units were made improperly and consequent difficulties proving the contractor knowingly did substandard work.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Savings achieved by recent government procurement reforms could be offset by unavailability of the 'government contractor defense' or an increase in fraud
Article Abstract:
Pres Clinton's 'reinventing government' project has included procurement reforms, but some observers think that a rise in the products liability of contractors and in procurement fraud will offset the reforms' effect. Industry executives and lawyers are, in particular, considering the potential impact of contractors' increased design flexibility on the 'government contractor defense' in products liability actions, as well as the potential impact of the decrease in applicable procurement integrity regulations on governmental monitoring of the fairness of prices it pays.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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