Client Alerts & Newsletters

Reliance on Supplier's Country of Origin Certification Reasonable

September 4, 2014

On August 29, 2014, the D.C. Circuit affirmed the grant of summary judgment for the contractor in a qui tam FCA case alleging Govplace had violated the Trade Agreements Act (TAA) by unreasonably relying on the distributor's country of origin certification and selling IT hardware that allegedly failed to comply with the TAA. The court concluded not only that Govplace could reasonably rely on the distributor's certification (a practice it had disclosed to GSA during Contractor Administrator Visits), but also that, because the hardware was generally manufactured in both TAA-designated countries and in non-designated countries, neither an email from the manufacturer's employee nor a competitor's price list suggesting conflicting country of origin information undermined Govplace's continued reliance on the distributor's certification.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Alan W. H. Gourley
Partner – Washington, D.C.
Phone: +1.202.624.2561
Email: agourley@crowell.com

Adelicia R. Cliffe
Partner – Washington, D.C.
Phone: +1.202.624.2816
Email: acliffe@crowell.com

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

View Desktop Site | Mobile Sitemap |

Contact | Subscribe | Terms of Use | Privacy Statement | Alumni

© Crowell & Moring LLP 2022
Attorney advertising - prior results do not guarantee a similar outcome.