58988

Vertex Construction & Engineering

November 7, 2014Judge Wilson
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Vertex Construction & Engineering appealed the termination of its contract for default due to the submission of a fraudulent electrician certificate. The Board granted the government's motion for summary judgment, concluding the contract was void ab initio due to fraud.

Material Facts

  • The U.S. Army issued a solicitation for electrical work requiring a master electrician certification.
  • VCE submitted a proposal including a fraudulent certificate for a journeyman electrician instead of a master electrician.
  • The government awarded the contract to VCE despite the fraudulent submission.
  • Problems arose regarding the electrical work, leading to an investigation that revealed the certificate was expired and fraudulent.
  • VCE admitted to paying for the certificate but did not verify its authenticity.

Parties

Appellant
Vertex Construction & Engineering
Respondent Agency
Department of the Army
Contract Number
W56SGK-13-C-7048
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