Lockheed Martin [LMT] has filed two supplemental protests to its original protest on the Joint Light Tactical Vehicle award, but that is unlikely to delay the adjudication timeline for the Government Accountability Office (GAO) to issue a decision, legal experts said.
“Lockheed Martin can confirm that a supplement to our JLTV protest was filed recently, which is a normal part of the protest process,” the company said Wednesday in a statement.
Oshkosh Defense [OSK] on Aug. 24 beat out Lockheed Martin and AM General for the low-rate initial production award (LRIP), worth $6.7 billion. The Army and Marine Corps plan to buy more than 55,000 vehicles at an estimated value of $30 billion.
Lockheed Martin filed its initial protest of the award on Sept. 8 and filed supplemental protests on Sept. 14 and Oct. 26.
Supplemental protests are almost always resolved by the Government Accountability Office within the original 100 day deadline to sustain, dismiss or deny the original protest, a GAO official told Defense Daily. Legally, the agency is given 65 days after the date the supplemental protest is filed to make a determination, but it’s likely GAO will be able issue a decision on or before the original Dec. 17 deadline.
A supplemental protest usually occurs after a government agency submits a report to GAO containing documents—such as detailed evaluation and source selection materials—to support the its decision. Once the protester receives the agency report, it has 10 days to review it and submit comments. It can also file a supplemental protest if the report provides additional evidence that a competitor was not fairly evaluated.
It’s difficult to gauge whether companies that file supplemental protests have a better chance of prevailing, said Michael Hordell, a partner at Pepper Hamilton LLP. The sustain rate at GAO averages between 22 to 24 percent, but the agency doesn’t keep detailed statistics concerning whether successful protests involve supplemental protest issues.
After the LRIP contract was awarded, all three JLTV competitors requested to receive a government debriefing on the performance of their vehicle. Following that brief, Lockheed Martin announced it would file a protest.
“We firmly believe we offered the most capable and affordable solution for the program. Lockheed Martin does not take protests lightly, but we are protesting to address our concerns regarding the evaluation of Lockheed Martin’s offer,” the company said in a statement.
Ultimately, AM General declined to protest the award, and instead chose to focus on Humvee maintenance and modernization opportunities.
The Pentagon has ordered Oshkosh to stop work on the program, pending the result of the protest. The services plan to procure 17,000 of the company’s light combat tactical all-terrain vehicle (L-ATV) under the initial LRIP contract.
The Defense Department is expected to make a decision on full-rate production in fiscal year 2018.