U.S. Court of Federal Claims Denies Lockheed Martin’s Request for
Preliminary Injunction
Oshkosh
Defense, LLC, an Oshkosh Corporation (NYSE: OSK) company, will
continue to perform work on the Joint
Light Tactical Vehicle (JLTV) production contract based on the U.S.
Court of Federal Claims’ decision to deny Lockheed Martin’s request for
a preliminary injunction while its protest is being heard. The JLTV
program, which is cited among the Department of Defense’s highest
modernization priorities, is charged with providing greater protection
and off-road mobility for American troops as they perform future combat
operations virtually anywhere in the world.
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The JLTV program is cited among the Department of Defense's highest modernization priorities. (Photo: Business Wire)
“This decision is another indication that the U.S. Army conducted a
thorough, methodical procurement process, and we are confident that the
original JLTV contract award to Oshkosh will be upheld,” said Wilson R.
Jones, Oshkosh Corporation president and chief executive officer. “The
Oshkosh JLTV team, including our employees and hundreds of suppliers, is
pleased to continue our work to deliver JLTVs to our nation’s Soldiers
and Marines.”
The JLTV program fills a critical capability gap for the U.S. Army and
Marine Corps by replacing a large portion of the legacy HMMWV fleet with
a modern light vehicle that provides unprecedented protection and
off-road mobility, as well as transportability via air, land and sea.
The $6.7 billion JLTV production contract calls for Oshkosh to deliver a
total volume of nearly 17,000 vehicles, as well as kits and sustainment
services over an eight-year period.
On December 15, 2015, the U.S. Government Accountability Office (GAO)
dismissed Lockheed Martin’s protest just days before the GAO was
expected to issue its decision. The U.S. Army promptly lifted the stop
work order and instructed Oshkosh to resume performance on the JLTV
contract. On December 17, 2015, Lockheed took its objections to the U.S.
Court of Federal Claims and the next day requested an injunction to stop
work on the JLTV program. On February 11, 2016, the U.S. Court of
Federal Claims denied the injunction, permitting Oshkosh to continue
working under the JLTV contract.
About Oshkosh Defense
Oshkosh Defense is a leading provider of tactical wheeled vehicles and
life cycle sustainment services. For decades Oshkosh has been mobilizing
military and security forces around the globe by offering a full
portfolio of heavy, medium, light and highly protected military vehicles
to support our customers’ missions. In addition, Oshkosh offers advanced
technologies and vehicle components such as TAK-4® independent
suspension systems, TerraMax® unmanned ground vehicle solutions, Command
Zone™ integrated control and diagnostics system, and ProPulse® diesel
electric and on-board vehicle power solutions, to provide our customers
with a technical edge as they fulfill their missions. Every Oshkosh
vehicle is backed by a team of defense industry experts and complete
range of sustainment and training services to optimize fleet readiness
and performance. Oshkosh Defense, LLC is an Oshkosh Corporation company
[NYSE: OSK].
To learn more about Oshkosh Defense, please visit us at www.oshkoshdefense.com.
About Oshkosh Corporation
Oshkosh Corporation is a leading designer, manufacturer and marketer of
a broad range of access equipment, commercial, fire & emergency,
military and specialty vehicles and vehicle bodies. Oshkosh Corporation
manufactures, distributes and services products under the brands of
Oshkosh®, JLG®, Pierce®, McNeilus®,
Jerr-Dan®, Frontline™, CON-E-CO®, London®
and IMT®. Oshkosh products are valued worldwide by rental
companies, concrete placement and refuse collection businesses, fire &
emergency departments, municipal and airport services and defense
forces, where high quality, superior performance, rugged reliability and
long-term value are paramount. For more information, please visit www.oshkoshcorporation.com.
®, TM All brand names referred to in this news release are
trademarks of Oshkosh Corporation or its subsidiary companies.
Forward-Looking Statements
This press release contains statements that the Company believes to be
“forward-looking statements” within the meaning of the Private
Securities Litigation Reform Act of 1995. All statements other than
statements of historical fact, including, without limitation, statements
regarding the Company’s future financial position, business strategy,
targets, projected sales, costs, earnings, capital expenditures, debt
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statements are not guarantees of future performance and are subject to
risks, uncertainties, assumptions and other factors, some of which are
beyond the Company’s control, which could cause actual results to differ
materially from those expressed or implied by such forward-looking
statements. These factors include the cyclical nature of the Company’s
access equipment, commercial and fire & emergency markets, which are
particularly impacted by the strength of U.S. and European economies and
construction seasons; the Company’s estimates of access equipment demand
which, among other factors, is influenced by customer historical buying
patterns and rental company fleet replacement strategies; the strength
of the U.S. dollar and its impact on Company exports, translation of
foreign sales and purchased materials; the expected level and timing of
U.S. Department of Defense (“DoD”) and international defense customer
procurement of products and services and funding thereof; the Company’s
ability to utilize material and components which it has committed to
purchase from suppliers; risks related to reductions in government
expenditures in light of U.S. defense budget pressures, sequestration
and an uncertain DoD tactical wheeled vehicle strategy; risks related to
the Company’s future defense segment results depending upon the outcome
of a competitor’s lawsuit regarding the JLTV production contract award
to the Company; the Company’s ability to increase prices to raise
margins or offset higher input costs; increasing commodity and other raw
material costs, particularly in a sustained economic recovery; risks
related to facilities expansion, consolidation and alignment, including
the amounts of related costs and charges and that anticipated cost
savings may not be achieved; global economic uncertainty, which could
lead to additional impairment charges related to many of the Company’s
intangible assets and/or a slower recovery in the Company’s cyclical
businesses than Company or equity market expectations; projected
adoption rates of work at height machinery in emerging markets; the
impact of severe weather or natural disasters that may affect the
Company, its suppliers or its customers; risks related to the
collectability of receivables, particularly for those businesses with
exposure to construction markets; the cost of any warranty campaigns
related to the Company’s products; risks related to production or
shipment delays arising from quality or production issues; risks
associated with international operations and sales, including compliance
with the Foreign Corrupt Practices Act; the Company’s ability to comply
with complex laws and regulations applicable to U.S. government
contractors; cybersecurity risks and costs of defending against,
mitigating and responding to a data security breach; and risks related
to the Company’s ability to successfully execute on its strategic road
map and meet its long-term financial goals. Additional information
concerning these and other factors is contained in the Company’s filings
with the Securities and Exchange Commission. All forward-looking
statements speak only as of the date of this press release. The Company
assumes no obligation, and disclaims any obligation, to update
information contained in this press release. Investors should be aware
that the Company may not update such information until the Company’s
next quarterly earnings conference call, if at all.
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