3rd UPDATE: DOJ Joins Lawsuit Against SAIC Over $3.2 Billion Contract
July 02 2009 - 5:25PM
Dow Jones News
The U.S. Department of Justice has joined a whistle-blower
lawsuit in Mississippi alleging that Science Applications
International Corp. (SAI) and others improperly colluded with
government officials to obtain a technology contract worth up to
$3.2 billion.
The department said SAIC was paid $116 million under the
contract before it was canceled.
Government lawyers said in an unsealed federal-court filing the
department is seeking to recover a monetary award that is three
times the actual damages the government suffered, plus civil
penalties under the False Claims Act.
The department said SAIC and an outside partner conspired with
two government officials involved in the contracting process to
tilt the proceedings in SAIC's favor.
The contract, awarded in 2004, was related to a computer center
at the Naval Oceanographic Office, located at the Stennis Space
Center in Hancock County, Miss.
The department said the government officials shared non-public
advance information with SAIC that wasn't given to other bidders
and placed language in the contract solicitation to bias the
selection process in favor of SAIC.
SAIC said in a statement that it fully cooperated with the
government's review of the contract process and believes the
allegations to be without merit.
"The government has been reviewing this matter for three years
and has failed to identify any information provided to SAIC that
was not available to other bidders or that could have provided SAIC
with an unfair competitive advantage in the procurement process,"
the company said. "SAIC intends to pursue a vigorous defense
against these allegations."
The original whistle-blower complaint was filed by David Magee,
a former computer scientist at the Naval Oceanographic Office.
Magee's lawsuit, and the Justice Department's decision to join the
case, was ordered unsealed Wednesday by U.S. District Court Judge
Sul Ozerden in Gulfport, Miss.
In addition to making allegations against SAIC, Magee alleged
that a subsidiary of Lockheed Martin Corp. (LMT) was involved in
the allegedly tainted bidding process.
The Justice Department said Lockheed Martin Space Operations
teamed with SAIC to perform the contract. However, the department
chose to not join the portion of Magee's lawsuit that alleged
wrongdoing by Lockheed.
A Lockheed spokesman said Magee's allegations were without merit
and said the company was gratified that the department didn't join
that part of the lawsuit.
The head of the Justice Department's civil division, Assistant
Attorney General Tony West, said, "As this case illustrates, the
Department of Justice will actively pursue legal action against
both contractors and federal employees who seek to gain an unfair
advantage in the procurement process."
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com