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(TINA), 10 U.S.C. section 2306(f) (1982),3 and common law
2(...continued)
United States is liable to the United States Government
for a civil penalty of $2,000, an amount equal to 2
times the amount of damages the Government sustains
because of the act of that person, and costs of the
civil action, if the person--
(1) knowingly presents, or causes to be
presented, to an officer or employee of the Government
or a member of an armed force a false or fraudulent
claim for payment or approval;
(2) knowingly makes, uses, or causes to be made
or used, a false record or statement to get a false or
fraudulent claim paid or approved * * *
3 At the time of Stencel's indictment, 10 U.S.C. sec.
2306(f) (1982) provided in pertinent part:
(1) A prime contractor or any subcontractor shall
be required to submit cost or pricing data under the
circumstances listed below, and shall be required to
certify that, to the best of his knowledge and belief,
the cost or pricing data he submitted was accurate,
complete and current--
(A) prior to the award of any negotiated prime
contract under this title where the price is expected
to exceed $500,000; * * *
(2) Any prime contract or change or modification
thereto under which such certificate is required shall
contain a provision that the price to the Government,
including profit or fee, shall be adjusted to exclude
any significant sums by which it may be determined by
the head of the agency [as defined in section 2302 to
include the Secretary of the Navy] that such price was
increased because the contractor or any subcontractor
required to furnish such a certificate, furnished cost
or pricing data which, as of a date agreed upon between
the parties (which date shall be as close to the date
of agreement on the negotiated price as is
practicable), was inaccurate, incomplete, or noncurrent
* * *.
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