Failure to Comply with GSA Multiple Award Schedule Contracts
Serving Clients Nationwide
Companies that provide goods and services to the federal government through Multiple Award Schedule (MAS) contracts with the General Services Administration (GSA) are bound by statutes put forth in the False Claims Act. When these companies falsely certify that they are complying with government contract terms in their MAS contracts, they can be held liable in a qui tam lawsuit.
There are several important ways in which Multiple Award Schedule contracts differ from commercial contracts. In particular, MAS contracts must meet the following three requirements:
- Defective pricing requirements
- Price reduction requirements
- U.S. Trade Agreements Act compliance
Defective Pricing
Before entering into contract negotiations, companies must divulge any discounts or price reductions provided to commercial customers. Under the False Claims Act, the government must receive equal or better terms than commercial customers. Failure to do so may result in both civil and criminal liability.
Price Reduction
MAS contracts require companies to inform the government if they reduce a price used in contract negotiations when they are dealing with commercial customers. By law, the government must receive the same relative discount that commercial customers are offered. Failure to do so constitutes a violation of the False Claims Act.
U.S. Trade Agreements Act Compliance
MAS contracts require companies to verify that they have complied with the terms of the U.S. Trade Agreements Act. Under this law, vendors are only allowed to sell the government products that were produced in eligible countries (countries that have entered into reciprocal trade agreements with the United States).
Eligible countries include:
- Canada
- Mexico
- England
- France
- Japan
Ineligible countries include:
- China
- Taiwan
- Malaysia
- South Africa
Failure to comply with the terms of the U.S. Trade Agreements Act may result in liability under the False Claims Act.
Experienced Qui Tam Representation
If you have knowledge of a company profiting off of a Multiple Award Schedule contract with the GSA that fails to comply with the stipulations set forth for these contracts, the attorneys at Kenney & McCafferty can help you file a qui tam lawsuit against the fraudulent corporation. Our lawyers have extensive experience handling a wide variety of qui tam claims, and we have been involved in some of the largest recoveries in the history of the False Claims Act.
We will devote all of our resources to your case, ensuring that your rights are protected every step of the way. Our skills and experience will give you the greatest likelihood of holding wrongdoers accountable for their fraudulent actions, and we can place you in a strong position to maximize your whistleblower reward.
If you have knowledge of a fraud or false claim against the government, please contact our qui tam lawyers today. Kenney & McCafferty attorneys will consult with you about your case, without obligation. All communications with Kenney & McCafferty attorneys during these consultation services are confidential and protected by the attorney-client privilege.
