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About POGO's Federal Contractor Misconduct Database (FCMD)
The government awards contracts to companies with histories of misconduct such as contract fraud and environmental, ethics, and labor violations. In the absence of a centralized federal database listing instances of misconduct, the Project On Government Oversight (POGO) is providing such data. We believe that it will lead to improved contracting decisions and public access to information about how the government spends hundreds of billions of taxpayer money each year on goods and services. Report an instance of misconduct »
Dell, Inc.
International Contract Dispute
Date: 07/02/2007 (Date of Court Ruling)
Misconduct Type: Poor Contract Performance
Enforcement Agency: Non-Governmental
Contracting Party: International
Court Type: Civil
Amount: $3,600,000
Disposition: Judgment Against Defendant
Synopsis: According to Dominican media reports, a Santo Domingo court sentenced the local Dell, Inc. subsidiary to pay RD$116.5 million (approximately US$3.6 million) in indemnification to Dominican information technology firm Xolutiva, S.A. The Dominican company sued Dell for RD$300 million for violating its rights as the Dell’s local representative. The Civil and Commercial Chamber ruled against Dell for violating Law 173 on International Representations, holding that Xolutiva represented Dell in the country since 1997, but Dell unilaterally decided not to renew the contract without due compensation. The court ordered Dell to close its operations in the Dominican Republic. In February 2008, a presiding judge in a Santo Domingo Judicial Department court ruled to suspend the sentence pending an appeal filed by Dell.
