Files Federal Lawsuit To Force Further Review

Beechcraft Corporation has filed suit in the Court of Federal Claims to contest the U.S. Air Force’s decision to lift the stay of performance on the Light Air Support (LAS) contract while the Government Accountability Office (GAO) continues to review Beechcraft’s protest of the award to Embraer/Sierra Nevada. A GAO ruling on Beechcraft’s protest of this procurement is expected within 90 days.

The Air Force awarded the contract to Brazilian planemaker Embraer and their U.S. partner Sierra Nevada Corporation for a second time last month. The contract had initially been awarded in December 2011, an award that was challenged by then-Hawker-Beechcraft. After the USAF agreed to re-bid the contract for 20 Light Air Support airplanes to be used in Afghanistan, Embraer and SNC again were awarded the business last month, and Embraer almost immediately signed a lease with the Jacksonville Airport Authority in Jacksonville, FL, for a hangar in which to assemble the aircraft.

Beechcraft then filed a Stop Work Order with the Government Accountability Office (GAO), saying the DoD had chosen a more expensive, less capable airplane. The Air Force, however, said "this award is the result of a full and open competition" and Lt. Gen. C.R. Davis, military deputy for acquisition in Air Force headquarters said, "I am confident that the source selection process was disciplined and meticulous." Even Beechcraft's CEO commented on the care and professionalism of the USAF's selection process. In fact, this was a completely new evaluation process, conducted by a new team and overseen by a three-star general.

In evaluating the competitors, the U.S. Air Force looked at three criteria, in priority order: mission capability, past performance and pricing in order to determine overall best value."

The Pentagon this week overrode the Stop Work Order, citing a "unusual and compelling circumstances." Beechcraft called the decision "misguided," and said they would consider their options in how to proceed.

Those options would seem now to include the filing of a federal lawsuit.

In a statement, Embraer said they are continuing to move forward with its contractual obligations to support the LAS (Light Air Support) program.
 
"The A-29 Super Tucano – which was selected by the U.S. Air Force on February 27 – will be produced by American workers in Jacksonville, Florida, and will support more than 1,400 jobs across the U.S. We are proud to support the U.S. and its partner nations in this very important and critical mission," the company said."

FMI: www.beechcraft.com, www.embraer.com