Defense Contractor Berg Co. Agrees to Pay $3.3M to Resolve Allegations of Causing Fraudulent Bids
Monday, July 14, 2025 - Berg Companies Inc. (Berg) has agreed to pay $3.3 million to resolve allegations that it violated the False Claims Act by submitting, or causing the submission of, false claims under prime vendor contracts with the Defense Logistics Agency (DLA), which the Department of Defense (DoD) uses to purchase goods and services.
Berg, based in Spokane, Washington, manufactures rigid wall shelters and sells them to the federal government, including through various prime vendor programs. In September 2019, Berg was acquired by Hunter Defense Technologies, Inc., which is a defense contractor that is based in Solon, Ohio.
Berg was a vendor to Noble Sales Co. Inc. doing business as Noble Supply & Logistics (Noble), which is a Boston-based prime contractor to DLA for Maintenance, Repair & Operations (MRO) contracts for the European Command. Under the MRO contracts, the DoD can place orders for goods and services through Noble. Noble is then required to solicit bids from two independently competing vendors for transactions below $25,000 and from three independently competing vendors for transactions at or above $25,000. According to DLA, MRO contracts are “a partnership aimed at achieving infrastructure savings, inventory cost reductions and favorable product pricing through leveraged buying.”
Pursuant to the settlement agreement, Berg admitted that, from 2019 to 2021, Berg coordinated with Noble and two other Noble vendors to submit inflated quotes for Berg-made rigid wall shelters so that the other vendors would win the awards at inflated prices. In the first scheme, Berg admitted that it coordinated and submitted inflated quotes on two solicitations for the sale of 10 Berg-made rigid wall shelters that Noble awarded to a New Mexico-based vendor. In the second scheme, Berg admitted that it coordinated and submitted inflated quotes on 26 solicitations for the purchase of 29 Berg-made rigid wall shelters that Noble awarded to a Florida-based vendor. As a result of these schemes, the United States contends that the requirements were not competed as required by the prime vendor contract and the military customers were overcharged for the Berg-made rigid wall shelters.
“Bid rigging of this type inhibits competition on the products and on prices, thereby creating the risk that the government is purchasing inferior products at exorbitant prices,” said Assistant Attorney General Brett Shumate of the Justice Department’s Civil Division. “This settlement reinforces the Department’s commitment in using the FCA to pursue anti-competitive fraud.”
“As evidenced in this settlement agreement, these contractors manipulated and undermined the fair and open bidding process designed to save our military and taxpayers money,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “We commend Berg for cooperating with the government to resolve this matter and taking responsibility for this conduct. As this settlement demonstrates, not only will my Office continue to use the False Claims Act to help root out fraud, waste and abuse involving taxpayer funds, but it will reward those that accept responsibility and cooperate with the government.”
“Collusion in government contracting erodes public trust, distorts fair competition, and drives up costs for taxpayers and service members,” said U.S. Attorney Ryan Ellison for the District of New Mexico. “Such conduct undermines the integrity of the procurement process and betrays the public’s expectation that government funds will be used responsibly. This resolution demonstrates our unwavering commitment to protecting taxpayer dollars, ensuring a level playing field for all businesses, and holding accountable those who seek to profit by manipulating federal contracting. We will continue to work closely with our law enforcement partners to defend the integrity of government procurement and safeguard the interests of the American people.”
“Today’s settlement announcement demonstrates the commitment of the Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, to aggressively pursue those who undermine the integrity of the DoD contracting process,” said Acting Special Agent in Charge Chad Gosch of the Department of Defense Office of Inspector General, DCIS Southwest Field Office. “DCIS will use all available resources to hold accountable those who betray the trust of the American taxpayer by corrupting the DoD procurement system for personal gain.”
“GSA OIG will continue to work with its investigative partners to hold government contractors accountable for concealing relevant information that may affect the award or performance of government contracts,” said Special Agent in Charge Joseph Dattoria of the U.S. General Services Administration, Office of Inspector General, Northeast Division.
Berg cooperated with the government in this matter. As part of the settlement, Berg acknowledged and accepted responsibility for the facts that form the basis of this settlement.
This settlement resolves claims brought against Berg under the qui tam or whistleblower provisions of the FCA, which permit private parties to sue on behalf of the government when they believe that a defendant has submitted false claims for government funds and to receive a share of the recovery. The settlement in this case provides for the whistleblowers, Mark G. Davis and Andrew G. Gunn, to receive a $561,000 share of the recovery. Davis is a U.S. Army veteran and former salesperson for one of the sub-vendors involved in the conspiracy allegation. Gunn is the managing director of a United Kingdom company that manufacturers storage equipment for United States military customers and sold its equipment through this prime vendor’s MRO contracts. The remainder of the matter remains under seal.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorney’s Offices for the District of New Mexico and District of Massachusetts, with assistance from the Defense Criminal Investigative Services, the Army Criminal Investigation Division, the Air Force Office of Special Investigations, and the General Services Administration Office of Inspector General.
The matter was handled by Trial Attorney Samson Asiyanbi of the Justice Department’s Civil Division, Assistant U.S. Attorney Sean Cunniff of the District of New Mexico, and Assistant U.S. Attorneys Lindsey Ross and Brian LaMacchia of the District of Massachusetts.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
U.S. Department of Justice
Office of Public Affairs
Source: Justice.gov
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