Award Protest of Sentinel Contract Award Dismissed from U.S. Court of Federal Claims

Guest blog by RADM Gary Blore (CG-9), Assistant Commandant for Acquisition

On February 9, 2009, Marinette Marine Corporation (MMC) gave notice to the U.S. Department of Justice of its intent to file a post-award protest in the U.S. Court of Federal Claims.  MMC protested the Coast Guard award of the Sentinel-class patrol boat project to Bollinger Shipyards.  On February 10, 2009, MMC filed these proceedings under seal at COFC and requested the Court to restrict them from public disclosure.  

MMC requested a preliminary injunction and a temporary restraining order to prevent performance of the current contract that, if granted, would have stopped all work on the Coast Guard's new Sentinel-class patrol boat under the contested contract.  

Previously, on January 12, 2009, the Government Accountability Office (GAO), the investigative arm of Congress, denied MMC's first bid protest (filed on October 7, 2008), 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." 

On February 12, 2009, a hearing took place on the MMC post-award protest of the Sentinel contract award.  The judge denied the request for a temporary restraining order that would have stopped performance of the current contract pending resolution of MMC's recent protest.  Work continued as planned at Bollinger Shipyards on the Coast Guard's new Sentinel-class patrol boat as the bid protest process progressed with the U.S. Court of Federal Claims. 

Update

On February 17, 2009, MMC submitted a Notice of Voluntary Dismissal to the Court, effectively withdrawing their protest.  The judge subsequently dismissed the protest with prejudice, which will in effect, preclude MMC from filing another protest on these issues.

It has continued to be my position that this award was accomplished through full and open competition, demonstrating due diligence in the careful evaluation of proposals to choose the most viable solution and best value to the government, and I am pleased both that MMC has withdrawn their protest and that the Court has precluded further actions on these issues, so that we may continue the critically important replacement of our aging patrol boat fleet with the Sentinel-class of cutters.