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Resellers Policing Each Other On TAA Compliance

May 17, 2010

In U.S. ex rel. Folliard v. CDW Tech. Servs., Inc. (D.D.C. Apr. 19, 2010), the federal District Court in D.C. granted in part and denied in part the defendants' motion to dismiss a qui tam suit filed by a competing reseller which alleged that they had violated the False Claims Act by listing products not compliant with the Trade Agreements Act on their GSA Schedule contract and NASA Solutions for Enterprise-Wide Procurement ("SEWP") contract. As discussed further on our Blog, the court dismissed the allegations with respect to the GSA Schedule because the relator did not allege that the government had purchased non-compliant products, but it found the complaint sufficient with respect to the SEWP contract because it did so allege.

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