KBR has agreed to pay $13.67 million to settle a breach-of-contract whistleblower lawsuit. The suit claimed the company violated the False Claims Act and the Anti-Kickback Act related to subcontracts awarded under its completed Logistics Civil Augmentation Program contract with the U.S. Army for base operations logistical support in Iraq. The 10-year contract was awarded in 2001.

The June 13 settlement does not release KBR from criminal liability or individuals from civil liability, the U.S. Justice Dept. said in the agreement.

The lawsuit concerned subcontracts that KBR awarded to two local companies to perform work on its behalf, La Nouvelle Trading & Contracting Co. and First Kuwaiti Trading & Contracting Co.

On Dec. 20, 2006, a now former KBR employee, Bud Conyers, filed the complaint in federal court in Texas. Justice later joined the complaint, which alleges that an unidentified KBR employee in 2002 solicited bids for a task order subcontract and rigged the bidding process to justify awarding it to LaNouvelle Trading. The KBR employee accepted several kickbacks from the subcontractor.

“These kickbacks were included within the prices that KBR paid to La Nouvelle and for which it charged the United States under the LOGCAP III contract,” the settlement said.

2003年,第二次身份不明的KBR员工征集了一份任务订单合同,并以高昂的价格授予La Nouvelle。该员工还收到了回扣,该回扣被包括在KBR支付的La Nouvelle中,随后向美国收取了金额。

Also that year, a third KBR employee solicited a task order bid. Before doing so, the unnamed employee “entered into a kickback agreement with the managing partner of First Kuwaiti Trading Co. under which [the employee] was to receive a kickback for any subcontract that he awarded to First Kuwaiti for the lease of trucks, when other contractors could have satisfied the Army’s requirements for less money,” the settlement said.

该协定说,KBR支付了高昂的价格,并根据LogCap III合同向美国收取其费用。18luck.cub该协议说,该员工随后授予了第一份分包合同,即高价出价者,其价格也“包括[他的]回扣安排的价格”。KBR再次付出了高昂的价格,并向美国收费。

与第一个科威特的合同于2004年1月完成,该公司欠了约177,000美元。相反,KBR向公司支付了超过260万美元。

“We are pleased with today’s settlement,” said Special Agent in Charge L. Scott Moreland of the U.S. Army Criminal Investigation Division's Major Procurement Fraud field office.

KBR remains a DOD contractor under a subsequent multi-year LOGCAP contract awarded in 2019. Company executives noted that contract in an April 28 quarterlyearnings callwith analysts.

The firm did not respond to ENR’s requests for comment on the settlement or its current work for DOD. It must pay the U.S. within 10 days.

2021年,德克萨斯州南部的美国地方法院就其几项虚假索赔法和反回扣法的索赔批准了部分简易判决。已定于5月23日进行审判,但和解解决了这些和其他主张。

该和解还遵循了武装服务委员会上诉委员会对美国有利的5100万美元判决,这是关于KBR在伊拉克单独的分包合同下向第一科威特首先向科威特付出的较大付款。司法部说,在审判并向华盛顿州华盛顿的联邦上诉法院提出上诉后,该判决于2021年成为最终。