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Another Attempt To Catch GSA Schedule Vendors In Violation of TAA Requirements


In U.S. ex rel. Crennen v. Dell Marketing L.P. (Apr. 27, 2010), the District Court of Massachusetts dismissed with prejudice a False Claims Act complaint alleging that ten IT vendors who hold GSA Schedule contracts had misrepresented and certified falsely that their products, which are listed for sale on the GSA Advantage! website, complied with the Trade Agreements Act. The relator failed to present evidence that the government had purchased any TAA non-compliant products through GSA Advantage!, and the court held that posting a false statement on a website in the expectation that a claim will be submitted does not trigger liability without pleading a claim or a "planned" claim.

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Marc F. Efron
Retired Partner – Washington, D.C.