OPINION & ORDER
This is a disappointed bidder action challenging the award of a contract to Bollinger Shipyards, Inc., ("Bollinger")
by the United States Coast Guard ("Coast Guard"). The disappointed bidder, Marinette Marine Corporation ("Marinette"), seeks declaratory and injunctive relief to enjoin the Coast Guard from proceeding with the contract. Pending before the Court are the parties' cross-motions for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). The Court consolidated plaintiff's request for a preliminary injunction with plaintiff's summary judgment motion. Upon consideration of the undisputed facts, relevant statute, regulations and case law, and the record herein, the defendant's motion for summary judgment is GRANTED and the plaintiff's motion for summary judgment is DENIED.
In order to replace its fleet of aging Coastal Patrol Boats ("CPB"), the Coast Guard issued a solicitation involving the design and construction of a patrol boat with options for the construction of up to 50 additional boats. The solicitation required each offeror to select an existing patrol boat or "parent craft" which it would then modify to meet the requirements of the solicitation set forth in the Circular of Requirements ("COR").
The Coast Guard received seven proposals. The proposals were given letter codes to be used in lieu of the proposer's name during the evaluation process to ensure that those responsible for evaluating the proposals were not aware of which company submitted the proposal.
The solicitation listed 13 technical evaluation factors. Each technical evaluation factor was to be evaluated and assigned a color rating as follows:
Exceptional Blue Exceed requirements in a way beneficial
to the Coast Guard; high probability of
success; no defects or significant
Acceptable Green Meets or ability to meet all
requirements; good probability of
success; shortcomings can be readily
Marginal Yellow Fails to meet one or more requirements;
marginal probability of success.
Unacceptable Red Fails to meet a requirement and needs a
major revision or a major redirection of
effort to make acceptable.
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