(CN) — A government whistleblower urged the 11th Circuit on Wednesday to revive claims that, during the height of the Iraq War, prime contractor Parsons defrauded taxpayers by ignoring its own “best in class” bidder for armed convoy security and funneling a multimillion-dollar subcontract to a weaker rival, stating the government was kept in the dark.
Relator Billy Joe Hunt, who stands to earn a portion of any monetary award if he prevails, claimed Parsons violated federal contracting rules by bypassing required competitive bidding and sole-sourcing convoy security to Cochise Consultancy Inc. instead of the top-rated bidder.
Hunt’s attorney Trey Mayfield told the court the government-knowledge defense — which Parsons invoked to win summary judgment at the lower court — requires a contractor to fully disclose all “pertinent facts” so the government can make an informed decision.
“The key document in this case is a six-page comparison of the bids,” Mayfield said, noting Cheryl Jones, a contract officer for the Corps, was kept in the dark. “Parsons did not tell the decisionmaker anything about the top-rated bidder, ArmorGroup.”
Mayfield emphasized Parsons also knew the top bidder could mobilize almost immediately, citing deposition testimony from an executive.
“That was never communicated to Cheryl Jones,” Mayfield argued. He added that Parsons also failed to disclose Cochise lacked armored vehicles, had only about half the required personnel at the time and did not meet the...
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