Judge dismisses Navistar Defense case over FMTV

By Ashley Tressel / January 27, 2020 at 5:10 PM

The U.S. Court of Federal Claims has dismissed Navistar Defense's complaint in which the company accused the Army of violating the "automatic stay" requirements of the Competition in Contracting Act in procuring vehicles as part of the Family of Medium Tactical Vehicles program.

The court released the decision on Jan. 10 about Navistar's complaint filed last September.

Navistar alleged the Army did not suspend performance of the FMTV contract, awarded to Oshkosh Defense, in response to a July 8 protest Navistar filed with the Government Accountability Office. The latest complaint argued the Army also failed to notify GAO of its plans to continue performance, violating the CICA.

The court says the issues in this lawsuit were not unique to those under a previously resolved 2016 GAO protest by Navistar, meaning the company had waived its right to raise certain claims related to the FMTV contract when it agreed to a settlement in 2016.

The judge ruled the Army's 2019 sole-source contracting action to Oshkosh did not constitute enough of a change to be considered separately from the previous resolution Navistar had worked out with the Army.

The judge also says Navistar's challenges to the Army's sole-source award, including the allegedly improper extension of the performance period, "lack merit."