Don't Tell The Gov't 'It Wasn't Me' — A Reminder From ASBCA

Law360, New York (January 16, 2015, 11:05 AM EST) -- In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals exercised a "harsh" remedy in declaring the appellant's contract void ab initio because the appellant, a local Afghani firm, submitted a fraudulent licensing certificate for a master electrician with its proposal. The appellant had appealed its termination for default, arguing that it did not make knowing misrepresentations to the government and that Appellant, too, was misled by its subcontractor. Appellant argued further that the solicitation required the government to verify the certificate in question, and Appellant should not be blamed for the government's failure in this regard....

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