Like an annoying fly…

Posted on 28 July 2009 by Peter Stinson | Comments

Well, I’m pretty certain that’s what the folks at Lockheed Martin and Northrop Grumman think about Michael DeKort and his suit against the big contractors. They’re the horse, and Mr. DeKort is the fly, and they’re swinging their tail wildly in order to swat him down.  A reader here, going by the fine pseudonym jackmehoot (and people wonder why I encourage posting and commenting using real names) is on the side of LM and NG and has stated Mr. DeKort is on an obsessive vendetta and wants Mr. DeKort to “just go away.”

It’s not an obsessive vendetta, but an obsession to get the truth in the open. There is a difference. Some people would rather the truth be hidden by the clouds of time, I’m sure.

You may remember that Mr. DeKort has filed a False Claims Act suit against the contractors in order to get them to be held accountable for their alleged actions.  As noted by Alice Lipowicz of Washington Technology back in early June,  “the complaint against Integrated Coast Guard Systems — which is a joint venture of Lockheed Martin and Northrop Grumman Corp. — claim[s] a series of deficiencies by the contractors has led to major safety, security and national security problems with the acquisition program.”

Seems that the contractors are now willing to blame all the problems with the 123s on Coasties/Guardians and the Coast Guard itself.

Mr. DeKort filed his suit, alleging that Integrated Coast Guard Systems, the joint venture between Lockheed Martin and Northrop Grumman,

has placed profits before contractual compliance in divers and sundry manners in connection with the Integrated Deepwater System (“Deepwater”) contract. The shoddy and fraudulent performance of ICGS has materially undermined the viability of the project and has resulted in extensive waste and has jeopardized the security of the United States and its citizens.

Lockheed Martin and Northrop Grumman certainly don’t want to give any money back, and now the Goliaths are swinging back at the David. Mr. DeKort noted recently in an email to me:

Within the next few months we will be fighting the motions to dismiss from Lockheed, Northrop and ICGS.  If we lose this round the case is over.  That means there will be no refund and the contractors will not be held accountable for the Deepwater problem.

Mr. DeKort went on to note,

In addition to that Northrop has signaled that the companies actually intend to seek damages from the Coast Guard for stopping the program.  Text from Northrop motion to dismiss the Bollinger suit states the following:  “Presumably, Lockheed Martin could seek compensation from the Coast Guard under the CDA for C4ISR equipment and information delivery delays, if any, caused by the government.  As the prime contractor, ICGS, not NGSS or Bollinger, could best determine whether Lockheed Martin or NGSS could assert a CDA claim against the government for delays experienced in delivering equipment or information to Bollinger.  ICGS could also sponsor such a claim against the Coast Guard on behalf of Lockheed Martin.”

If they thought they could seek compensation from Mr. DeKort, I’m willing to be they would. They are, at least, passing blame for the 123 fiasco. Notes Mr. DeKort:

Additionally one of the tactics Northrop is using is to blame the Coast Guard for the 123 problems. They state that the Coast Guard abused these boats, did not operate nor not maintain them properly.  From the motion:  “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.”

I guess there’s a pretty good chance the contract didn’t specifically require the vessels not to fall apart…

One of the things in any David vs. Goliath battle is that the David is always at a disadvantage. Always. Mr. DeKort realizes this and has issued an ” open call for assistance.” The truth is out there, but one David aligned against the Goliath will not, in today’s world of complex organizations, generally succeed. I know there are readers to this blog who want to see Mr. DeKort fail. I, for one, don’t care about success or failure; I care about the truth coming to light. And, clearly, Goliath and his partners don’t want truth to rear its ugly head. If they did, everyone would be totally forthcoming; and history shows us that is far from reality.

If you have information, data, or personal knowledge which might assist this False Claims Act suit, you can contact Sam Boyd, the Dallas-based attorney who is handling the case.