L3 Technologies Inc. Agrees to Pay $62,000,000 to Resolve False Claims Act Allegations arising from Submission of False Cost or Pricing Data on Defense Contracts

L3 Technologies Inc., a corporation doing business in Utah, has agreed to pay the United States $62 million to settle allegations that its division, Communications System West, violated the False Claims Act and the Truth In Negotiations Act by knowingly making false statements and submitting and causing the submission of false claims by failing to disclose accurate, current, and complete cost or pricing data for communications equipment sold to various Department of Defense agencies, including the Air Force, Army, and Navy, and other government agencies.

L3 manufactures communications equipment to operate unmanned vehicles and retrieve data and visuals for military operations and intelligence. The devices are known as remote operations video enhanced receivers (ROVER), Video-Oriented Transceivers for Exchange of Information (VORTEX), and Soldier Intelligence, Surveillance, and Reconnaissance (SIR) receivers.  The United States has purchased ROVER, VORTEX, and SIR products through sole source, fixed price contracts, and L3 also has supplied these products under subcontracts with other prime contractors who manufacture unmanned vehicles.

The settlement resolves allegations that, between October 2006 and February 2014, L3 failed to disclose accurate, complete, and current cost or pricing data relating to the labor, material, and other costs for manufacturing the ROVER, VORTEX, and SIR products, and each of their versions and kits, and falsely certified that it had done so in dozens of government contract proposals.  The United States alleged that this conduct violated the Truth in Negotiations Act, which requires a contractor to provide to the government at the time of an agreement on price the most current, complete, and accurate facts that could reasonably be expected to affect price negotiations significantly.  The United States further alleged that, by failing to disclose accurate, complete, and current cost or pricing data, L3 knowingly submitted or caused the submission of false claims in connection with the ROVER, VORTEX, and SIR contracts and subcontracts in violation of the False Claims Act.

“The Department will vigorously pursue federal contractors who fail to provide truthful information during contract negotiations to ensure federal agencies do not overpay for products and services.” said Acting Assistant Attorney General Yaakov M. Roth of the Justice Department’s Civil Division.

“Taking advantage of the resources that support the armed forces of the United States and other government agencies will not be tolerated,” said Acting United States Attorney Felice John Viti of the District of Utah. “The U.S. Attorney’s Office will continue to work with our law enforcement partners to investigate and hold accountable individuals and contractors who defraud the government.”

“This $62 million settlement underscores the Air Force Office of Special Investigations (OSI) commitment to protecting national security and ensuring the integrity of Department of Defense acquisitions.,” stated OSI Special Agent Jeffery T.E. Herrin. “L3’s defective pricing in contract proposals for critical systems like ROVER, VORTEX, and SIR erodes public trust, and OSI, through robust law enforcement partnerships, will continue to uphold law and order within the defense industry.”

“This settlement is the result of a collaborative effort to guard against fraud, waste, and abuse, demonstrating the commitment of the Army Criminal Investigation Division (CID) and our partner agencies to safeguard public funds,” said Special Agent in Charge Olga Morales of the Department of the Army CID Southwest Field Office. “Investigating companies that defraud the Army is crucial to maintaining the trust of the American public and upholding the integrity of government contracting.”

The settlement resulted from a coordinated effort among the Civil Division’s Fraud Section and the U.S. Attorney’s Office for the District of Utah with assistance from the Defense Contract Management Agency, the Department of the Air Force, the Department of the Army, the Department of the Navy, and the Special Operations Command.  Senior Trial Counsel A. Thomas Morris and former Senior Trial Counsel Russell Kinner of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Carra Cadman for the District of Utah handled the matter.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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Source: Justice.gov