The District Court for the District of Columbia dismissed a qui tam False Claims Act action for lack of jurisdiction because it was based on facts underlying an earlier action and was barred by the first-to-file rule of 31 USC 3730(b)(5). The relator alleged the contractor submitted false claims by falsely representing computer products and supplies offered for sale on NASA and GSA websites complied with the Trade Agreements Act. In an earlier qui tam action, another relator alleged the contractor falsely certified it would not sell noncompliant products through the GSA portal, but it did not allege the contractor misrepresented the products as TAA-compliant. The contractor argued the action was barred under 31 USC 3730(b)(5), which prohibits a person other than the government from bringing a related action based on the facts underlying an earlier-filed qui tam action. The parties disputed whether the two actions were distinguishable from U.S. ex rel. Hampton v. Columbia/HCA Healthcare Corp. (318 F3d 214), in which the Court of Appeals for the District of Columbia Circuit concluded section 3730(b)(5) bars "'actions alleging the same material elements of fraud' as an earlier suit, even if the allegations ... 'incorporate somewhat different details.'"
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