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labor mischarging that may have occurred prior to
December 20, 1984 and shall release Stencel from any
liability to the United States for:
(1) any and all possible violations of
the False Claims Act * * *;
(2) any and all possible violations of
the Truth in Negotiations Act * * *;
[Emphasis added.]
Mr. Kilberg's letter included a third numbered paragraph
describing the releases of liability set forth in the first and
second numbered paragraphs. Mr. Kilberg's letter also included a
statement that the offer was intended to represent double
damages.
By letter dated February 7, 1986, Ms. Branda rejected Mr.
Kilberg's $2 million settlement offer but made a counteroffer to
settle the matter for $2.5 million (with an offset for the
$600,000 that Stencel had already paid under the interim
agreement). Ms. Branda's letter stated in pertinent part:
Stencel's offer has been carefully considered by
this office, the Navy's Office of General Counsel, the
Defense Contract Audit Agency, and Defense Contract
Administration Services in Atlanta. While we believe
that the offer is made in good faith, we cannot accept
its terms. However, I am prepared to make the
following counter offer, subject to final Department
approval:
1. Stencel agrees to pay to the United
States the sum of $2,500,000, inclusive of
the $600,000 paid to the Navy pursuant to the
agreement dated January 14, 1986; [Emphasis
added.]
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