US ex rel Kelly v Serco

Case no. 11cv2975 /WQH-RBB (S.D.Cal. Oct. 6, 2014)

Relator alleged the Defendant failed to follow government time and cost reporting requirements. The court found that Defendant impliedly certified compliance with certain regulations. However, the court found that the regulations, which applied to the Department of Homeland Security, were not specifically incorporated into a Department of Defense contract, and therefore were not express conditions of payment. Defendant’s motion for summary judgment was granted.