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Contracting and Ethics

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Submitted By Vernessa
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The False Claims Act: NetApp and GSA
Vernessa L. Minnifield
Dr. Canuto Campos
LEG 505

Abstract
The company, Network Appliance Inc., also known as NetApp, paid the government $128 million to settle allegations it overcharged GSA customers for information technology products. The case alleged that NetApp did not give accurate information about discounts offered to commercial customers. Under federal rules, companies are required to disclose how much commercial customers pay to ensure that GSA can negotiate the lowest price for the government. This paper will provide an ethical analysis of the case, identify contributing factors, and recommend corrective actions for the issues addressed.

The False Claims Act The False Claims Act is an important tool for U.S. taxpayers. It is used to recover monies stolen through fraud by government contractors. Under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who knowingly submit, or cause another person to submit, false claims for payment of government funds are liable for three times the government’s damages plus civil penalties of $5,500 to $11,000 per false claim (TAF, 2011). The act imposes liability on any person who (1) submits a claim to the federal government that he or she knows is false, (2) knowingly submits a false record in order to obtain payment from the government, or (3) obtains money from the government to which he or she may not be entitled and then uses false statements in order to retain the money. In the case involving NetApp and GSA, NetApp had been hired to archive the government’s electronic records. The computer consulting company was offering steeper discounts to private clients than it was offering to taxpayers. Most federal contracts require vendors to tell the government when it is offering cheaper prices to other clients and to offer the government a similar discount.

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