Failure To Comply With Contract Specifications

Reliable weapons systems are critical to the nation’s security and the safety of America’s servicemen and women.  To ensure that the military receives reliable weapons systems, the Defense Department requires its contractors to build weapons systems in accordance with detailed specifications.  These specifications dictate not only the type of materials to be used, but also the appropriate quality assurance steps that the company must follow to ensure the quality of the systems and equipment.

When defense contractors seek payment, they are required to certify that the products comply with the required design specifications.  However, many times the contractor will cut corners (by omitting required testing, quality procedures, or other steps in the production process) and will lie about whether its work complied with the design specifications and contract requirements (such as using a certain grade, quality of parts, or materials and parts).  Often, this occurs when a company starts to overrun its budget on a contract, particularly a fixed price contract, or falls behind in its delivery schedule.  When a contractor fails to comply with the specifications set forth in the contract, or makes a false certification concerning compliance, it is a violation of the False Claims Act.

If you would like to blow the whistle on a defense contractor that you know has failed to comply with contract specifications or falsely certified compliance with contract specifications, contact Michael S. Bigin.