United States Federal Circuit

In an action alleging that the government unreasonably withheld the amount of $41.1 million that plaintiff alleged was due to it under a contract for the provision of dining facility services at a military base in Iraq, the Court of Federal Claims' decision that plaintiff was entitled to $11,460,940.31 in reasonable costs, dismissed the majority of the government's counterclaims, but awarded $38,000.00 to the government on its Anti-Kickback Act (AKA) claim is: 1) affirmed in part, where the Court of Federal Claims did not clearly err in its calculations, of cost reasonableness of the contract at issue; 2) affirmed in part, as to the dismissal of the government's Special Plea in Fraud and False Claims Act claims and the denial of the government's common-law fraud claim; but 3) reversed and remanded in part, where the Court of Federal Claims improperly calculated plaintiff's base fee and erred when it determined that the actions of plaintiff's employees should not be imputed to plaintiff for purposes of the government's AKA claim.

Appellate Information

• Decided 09/05/2013
• Published 09/05/2013

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel