Marinette Marine Corporation to File Post-Award Protest of Sentinel Contract

Washington – On February 9, 2009, Marinette Marine Corporation (MMC) gave notice to the U.S. Department of Justice (DOJ) of its intent to file a post-award protest in the U.S. Court of Federal Claims.

MMC is protesting the Coast Guard award of the Sentinel-class patrol boat project to Bollinger Shipyards. MMC intends to file these proceedings under seal and requested the Court to restrict them from public disclosure.

MMC is requesting a preliminary injunction and a temporary restraining order to prevent performance of the current contract pending resolution of their protest. If the Court decides to grant MMC’s requested actions, all work on the Coast Guard’s new Sentinel-class patrol boat under the contested contract would stop.

”While we respect Marinette Marine Corporation’s rights under the law, we will vigorously defend the government’s contracting actions, and push to move forward as quickly as possible to address the Coast Guard’s critical patrol boat operational capability gap,” said Rear Adm. Gary Blore, Coast Guard Assistant Commandant for Acquisition. “We continue to have full confidence that our award will be reaffirmed as reasonable and appropriate, and upheld in any judgment.”

On January 12, 2009, the Government Accountability Office (GAO), part of the legislative branch, denied MMC’s bid protest, and upheld the U.S. Coast Guard’s award of the Sentinel-class Patrol Boat to Bollinger Shipyards, Inc. The GAO found “…the agency’s evaluation of MMC’s and Bollinger’s proposals to be reasonable, and (that) the SSA reasonably explained and documented the bases for his selection of Bollinger’s proposal for award and the reasons that MMC’s proposal was found ineligible for award. MMC’s contentions here provide no basis for overturning the award determination.”

The U.S. Department of Justice’s Civil Division represents the United States, its departments and agencies, and questions regarding these legal proceedings should made to DOJ. For more information on the Sentinel-class patrol boat, visit the Coast Guard Acquisition Directorate’s website.

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  1. Michael DeKort says:

    Looks like the FRC program might not start for a while. Again the Coast Guard is it’s own worst enemy. I told them way back in 2006 that if they try to do anything other than be fully transparent and above board the y will cause the delays they are trying to avoid. Given Marinette Marine GAO protest I would imagine they have not endeared themselves to DHS or the CG. As such I would assume they feel pretty passionate about their endeavors and do not take this lightly. Might there be a split contract coming? That might solve the dilemma and provide faster production? Or maybe someone has had enough with how the Coast Guard is handling Deepwater? Where’s that 123 refund again? Who was held accountable?
    Message to Bollinger – if you truly are victims here and can prove ICGS is at fault please contact me and I can send you to some people who might help.

  2. Michael DeKort says:

    I was told today the judge rejected Marinette Marine’s request for a restraining order. I assume this means the project continues while they continue their protest with the DoJ?

  3. Anonymous says:

    Mr. DeKort: Your assumption is correct. Further, MMC has dropped their case with the Court of Federal Claims. Apparently, MMC no longer feels strongly about their case. MMC’s GAO protest is seen as part of due process, no more, no less. MMC has built and continues to build fine ships and boats for the Coast Guard. Their protest has nothing to do with that. All of the “might?” questions in your 14 Feb post really have nothing to do with either protest or their resolutions.