Justice Department Investigations of Defense Procurement Fraud: A Case Study : a Staff Study

Front Cover
U.S. Government Printing Office, 1988 - Armed Forces - 943 pages

From inside the book

Other editions - View all

Common terms and phrases

Popular passages

Page 664 - ... any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes.
Page 517 - The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
Page 663 - Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the Contractor of the notification of change: Provided, however. That the Contracting Officer, If he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract.
Page 574 - Deposition, knowing the same to contain any fraudulent or fictitious statement or entry ; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim...
Page 27 - However, it is well settled that the test for materiality is merely "whether the false statement has a natural tendency to influence, or was capable of influencing, the decision of the tribunal in making a determination required to be made.* United States v.
Page 663 - Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract.
Page 524 - A mistake on the part of the contractor which is so obvious that it was or should have been apparent to the contracting officer; and (c) A mutual mistake as to a material fact.
Page 878 - Government, to enter into contracts or into amendments or modifications, of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense.
Page 636 - Under this type of incentive contract, there is negotiated at the outset an initial target cost, an initial target profit, a price ceiling, a formula for fixing the firm target profit, and a production point at which the formula will be applied. Generally, the production point will be prior to delivery or shop completion of the first item. This formula does not apply for the life of the contract but simply is used to fix the firm target profit for the contract.
Page 663 - Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly...

Bibliographic information