Kellogg Brown & Root Services, Inc.

Material Facts

• KBR's certified claim was the same claim alleged to be false or fraudulent in the False Claims Act suit.
• The government alleged that the sum KBR sought to recover based on its payment of First Kuwaiti's subcontractor REAs was knowingly false or fraudulent.
• The transactional facts in the Board and court proceedings were virtually identical.
• First Kuwaiti was a foreign subcontractor that was not a party before the Board.
• First Kuwaiti was a party defendant in the False Claims Act action.
• The Board had less ability than the court to require compliance with its orders by a foreign non-party.
• The prior dismissal was subject to reinstatement within three years from the date of the original decision.
• The parties recognized that additional time might be required in the False Claims Act action because First Kuwaiti was a foreign co-defendant.

Parties

Appellant

Kellogg Brown & Root Services, Inc.

Contract Number

DAAA09-02-D-0007