A federal district judge in Orlando denied a motion to dismiss a False Claims Act suit against Kaman Precision Products, a manufacturer of bomb fuses.  Kaman is alleged to have substituted a different fuse motor for that specified under contract in order to meet the government’s increased needs following the invasion of Iraq in 2003.

According to the government, although the substituted parts appeared identical, they had a higher rotational speed, were assigned different part numbers, and were maintained separately in Kaman’s facilities.  Kaman did not admit the switch to the Army until a month after the Army discovered the substitution and quarantined the entire shipment.  Kaman’s $20 million contract specifically identified the motor to be used and Kaman submitted certificates of compliance for the non-conforming shipments.

In denying Kaman’s motion to dismiss, Judge Presnell stated that specific intent is not required for False Claims Act violations and that it was not necessary, in order to be material to the government’s payment decision, for the certificates to be required under the contract.

Read the entire article, “Army Contractor Can’t Defuse Suit Over Bombs”