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False Claims Act
Also known as: FCA · False Claims Act exposure
The federal statute that imposes liability on contractors who knowingly submit false claims to the government — including false NIST SP 800-171 self-assessment scores in SPRS.
The False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, is the principal federal law used to combat fraud against the U.S. government. It imposes civil liability — including treble damages and per-claim penalties — on any person or entity that knowingly submits false claims for payment to the government.
For defense contractors, the False Claims Act has become particularly significant in the context of NIST SP 800-171 self-assessment scores posted in SPRS. The Department of Justice's Civil Cyber-Fraud Initiative (launched in 2021) explicitly uses the FCA to pursue contractors who knowingly misrepresent their cybersecurity posture in order to win or maintain DoD contracts.
Under CMMC 2.0, the annual senior official affirmation of the SPRS score creates a clear, dated, signed statement that is directly susceptible to FCA action if it later turns out to be false. Several settlements in the multi-million-dollar range have already been announced under this theory. The personal accountability of the affirming official is real.
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