Thursday, July 23, 2009

Northrop blames Coast Guard for 123 debacle

From the Northrop Motion to Dismiss our False Claims Act suit.

"The Coast Guard decision to decommission vessels does not
lead to the inescapable conclusion that the defendants committed fraud. To the contrary, there is strong evidence suggesting that the 123 structural issues were attributable to the Coast Guard's operation of the vessels beyond their performance parameters and failure to maintain the structural integrity of the vessels, not any nonconformance with contract requirements. Simply put, defendants fully complied with the 123 contract requirements.

This is the partner the Coast Guard is still supporting? The partner the Coast Guard is willing to cover for? (All three companies - Lockheed, Northrop and ICGS also state there can be no fraud because the Coast Guard knew about all of the problems and accepted the boats anyway. Keep in mind no refund has been paid to date and these contractors are still under contract to do most of the work they originally signed up to do and are in the running for the OPC - which is the bulk of the DW program)

This statement is in the spec for the boat

"The 123-Ft WPB scantling characteristics will provide structural integrity equivalent to, or in excess of the existing 110-Ft WPB. Any cutter structural member found to be less than ninety percent (90%) of the original nominal metal thickness as a result of the post arrival hull survey shall be replaced."

Looks to me like ICGS/NG knew exactly what they were getting in to, promised to upgrade all of the 110s, designed and fabricated a flawed solution, misrepresented the problem to the Coast Guard, collected their money and then looked for a way out. That way out is to blame the customer by saying the Coast Guard abused, mistreated and did not maintain these boats prior to the modification.

All of you people in the Coast Guard (and the contractors for that matter) who read these posts and defend the organization or the contractors pay close attention here. These companies have filed motions to dismiss our claims. If they win there will be no refund, no penalty and no accountability. Is that what you want?

Are there any persons out there willing to provide additional information so that justice will be done on the Deepwater boondoggle?



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