by Michael DeKort
On December 31st Bollinger filed an amended lawsuit alleging more damages. The most interesting piece of this is that they add C4ISR issues to the list and ask for $7m more. Specifically they mention Command and Control, TEMPEST and the Cameras. If anyone would like a copy of the document please let me know
Here is my summary of what I read in the amendment
They add data on TEMPEST. They state the TEMPEST requirements changed significantly. They state they moved from a TRANAS command to COMDAC (which was the system of record when I was there). They state the dramatically changed the security requirements. Bollinger states the extent of the changes was not known until weeks before the Matagorda delivered. (This is not true – I told them months before. They must mean contractually notified?) Bollinger asks for compensation of this (As they helped install the systems – especially the cables.) This is the first time Bollinger asks for $ related to TEMPEST – C4ISR. They state NG purposefully withheld data. They ask for an additional $7m. As far as I know the CG never admitted there were TEMPEST issues as the Porter waiver covered them and there were no issues especially with cables (Wrongfully supported by the DHS IG). If the changes were valid why wouldn’t NG pay them? (Maybe NG is saying it did what LM told it to do? But can ICGS argue against or sue itself? Looks like the blame game is picking up. Maybe NG isn’t paying because they think fighting LM is more important than paying Bollinger to go away? Maybe NG wants to ensure LM is to blame relative to the outstanding C4ISR/TEMPEST issues and the ongoing DoJ and DHS IG investigations?)
They add new data defining that Bollinger only installed the command and control equipment (they didn’t design it). Looks like Bollinger wants to distance itself from the C4ISR issues. (Is this External/Topside Equipment or more?)
They specifically mention the Cameras. They state there were changes to various systems that NG never paid for – like the Camera system.
They ask for $12m total – $7m for C4ISR (TEMPEST, COMDAC and Camera issues. They use the COMDAC as a catch all. Could mean other stuff like external equipment)
I think the C4ISR/TEMPEST additions/changes show a couple things relative to Bollinger. Bollinger added all the C4ISR text for a reason. I think that reason goes beyond monetary compensation.
- GAO protest of FRC contract. They want to avoid negative performance issue being introduced and losing to Marinette – who bid lower than them
- Distance from the Refund. Relative to $,legal responsibility and perception
- Ongoing DoJ and DHS IG investigations. Maybe they know the hammer is coming down relative to TEMPEST etc and they don’t want to be culpable?
The amendment also states there were supposed to be 49 123s. They state that over and over. It appears Bollinger wants financial restitution for the boats they worked on AND the ones they did not start – totaling 49.
6 completed
6 – in work
37 promised
It goes on to state the boats were supposed to be modified on a schedule based on boat names, differing types of boats and differing conditions. Bollinger claims the names changes at the last minute, there were only 110/123s and they were the ones in the worst shape (not differing conditions)
They also state NG has violated prompt payment regulations.
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