§ 1202. Definitions.
375 words·~2 min read·
/de/title-6/1202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(1)“Claim” means any request or demand, whether under a contract or otherwise, for money or property and whether or not the Government has title to the money or property, that:
a. Is presented to an officer, employee, or agent of the Government; or
b. Is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government’s behalf or to advance a Government program or interest, and if the Government:
1. Provides or has provided any portion of the money or property requested or demanded; or
2. Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
“Claim” does not include requests or demands for money or property that the Government has paid to an individual as compensation for employment with the Government or as an income subsidy with no restrictions on that individual’s use of the money or property.
(2)“Government” includes all departments, boards or commissions of the executive branch of the State, all political subdivisions of the State, the Delaware Department of Transportation and all state and municipal authorities, all organizations created by or pursuant to a statute which declares in substance that such organization performs or has for its purpose the performance of an essential governmental function, and all organizations, entities or persons receiving funds of the State where the act complained of pursuant to this chapter relates to the use of such funds of the State.
(3)“Knowing” and “knowingly” mean that a person, with respect to information:
a. Has actual knowledge of the information;
b. Acts in deliberate ignorance of the truth or falsity of the information; or
c. Acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required.
(4)“Material” includes anything having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(5)“Obligation” includes an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.