WASHINGTON — New Army-supplied information that emerged toward the end of the Government Accountability Office's protest process led to Lockheed Martin's anticipated move to file a complaint with the US Court of Federal Claims over the US Army choosing Oshkosh to build its Humvee replacement, the Joint Light Tactical Vehicle, the company said.
Lockheed Martin's anticipated move to file a complaint with the US Court of Federal Claims over the Army choosing Oshkosh to build its Humvee replacement — the Joint Light Tactical Vehicle (JLTV) — is due to because of new Army-supplied information that emerged toward the end of the Government Accountability Office's protest process, the company said.
Lockheed filed its JLTV protest on Sept. 8, and the GAO decision was due by Dec. 17. The GAO dismissed the protest Tuesday citing Lockheed's decision to file a notice of intent to protest the award with the US Court of Federal Claims.
"Our office will not decide a protest where the matter involved is subject of litigation before a court of competent jurisdiction," the GAO's decision stated.
In a Tuesday evening statement, Lockheed said: "Recently, we were made aware of a substantial number of documents directly related to the competition that were not provided to the GAO or Lockheed Martin until very late in the protest process. We believe this newly discovered information should have been considered by the GAO before issuing a ruling on the protest, however, GAO declined to grant an extension to the 100-day deadline and could not consider the new documents."
Because of that decision, "we are considering all options available to us to ensure that a fair and unbiased evaluation of all available data is considered before issuing a decision in this important matter," the statement continued.
It's unclear what's in the Army's recently released documents and why they were not produced earlier in the GAO's process.
Oshkosh beat out both Humvee-maker AM General and Lockheed for the $6.7 billion low-rate initial production contract award to build 16,901 vehicles, but the entire contract is expected to be worth up to $30 billion.
AM General, which submitted its Blast Resistant Vehicle – Offroad as its bid decided not to file a protest with the GAO.
"AM General continues to believe that the BRV-O was the right choice for JLTV. However, we believe a protest would ultimately result in a distraction from our current growth business areas, including meeting the significant current and future needs of our customers in the United States and around the world."
Meanwhile, after Tuesday's GAO protest dismissal, Oshkosh announced that the US Army Tank-automotive and Armaments Command (TACOM) Life Cycle Management Command had directed the company to resume work on the JLTV production contract.
It remains to be seen if Lockheed files an injunction to stop work on the JLTV program when it files its official protest with the court.
Jen Judson is the land warfare reporter for Defense News. She has covered defense in the Washington area for 10 years. She was previously a reporter at Politico and Inside Defense. She won the National Press Club's best analytical reporting award in 2014 and was named the Defense Media Awards' best young defense journalist in 2018.