No. 20-214

Akbar Ghaneh Fard v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-08-25
Status: Denied
Type: Paid
Response Waived
Tags: bidding-practices contract-fraud cost-estimates cost-estimation fraud government-procurement loss-calculation procurement-programs restitution set-aside-program
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration Trademark
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a government contractor's conservative bidding and reasonable overstatement of cost estimates in a competitive procurement program constitutes fraud

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In competitive government procurement programs, does a government contractor “defraud” the Government by practicing conservatism in the ; bidding process and reasonably overstating estimates for proposed cost items? 2. Does any alleged misrepresentation in obtaining a government procurement contract through set-aside program transform a contract into a “government benefit” akin to a grant or an entitlement program . payment, for the purpose of loss and restitution calculation, as opposed to a classic procurement fraud, which should be treated under the general rule for loss calculation?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent United States to respond filed.
2020-08-17
Petition for a writ of certiorari filed. (Response due September 24, 2020)

Attorneys

Akbar Ghaneh Fard
Akbar Ghaneh Fard — Petitioner
Akbar Ghaneh Fard — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent