10 Tanker Air Carrier issued a statement Monday on their Facebook page about the bid protests that they, along with Coulson, filed over the contracts for next generation air tankers that the U.S. Forest Service announced that they were going to award last summer. The company has two DC-10 air tankers that carry 11,600 gallons of retardant, about six times more than a P2V, but they were not going to receive exclusive use contracts for the aircraft. The USFS had to cancel the process just before the contracts were signed. Four months later the solicitation was reissued with 31 changes, requiring responses by November 1, 2012.
The DC-10 air tankers have received excellent reviews from firefighters and aviation managers, but the USFS has in the past only offered them call when needed contracts, meaning they may or may not be used at all, and if they were, it would be intermittently.
10 Tanker’s statement appears to be partially in response to Colorado Senator Mark Udall’s remarks on the issue Thursday, in which he suggests that the protests may be ignored (emphasis added):
Mark Udall, who serves on the U.S. Senate Energy and Natural Resources Committee, urged private contractors to respect the U.S. Forest Service’s upcoming decision to award contracts to several U.S. companies to supply next-generation air tankers. Protests and challenges of past contract awards have already delayed the Forest Service’s acquisition of seven next-generation air tankers — which Udall championed last year. Additional protests could leave Colorado and the West without these tanker resources for the 2013 wildfire season.
“Air tankers are critical firefighting resources that can save lives and prevent small blazes from becoming catastrophic wildfires,” Udall said. “When I met with Northern Colorado firefighting and emergency-management officials this week, they all agreed that we need to ensure that Colorado and the Forest Service have the resources they need to fight fires now. If contractors continue to challenge agency decisions, I will urge the Forest Service to use its emergency authorities to override the challenges and finalize the tanker contracts as soon as possible. Colorado cannot wait.“
Below is the text from 10 Tanker’s statement:
A widely published Associated Press article recently related the story of the long-term decline in the U.S. Forest Service’s aerial tanker fleet to the Next Generation Air Tanker solicitation bid protest last year by 10 Tanker Air Carrier and another bidder. Some members of Congress have expressed support for Forest Service to use emergency authorities to work around the bid protest. What the article omits and members of Congress may not realize is that it was the General Accountability Office (GAO) that found the 10 Tanker bid protest to be valid. That caused the US Forest Service to withdraw from the bid protest process, to amend the solicitation to correct its discriminatory issues, and to reissue the solicitation.
As you may know, GAO is the investigative arm of Congress “charged with examining matters relating to the receipt and payment of public funds.” As a part of that responsibility, GAO is also charged with handling bid protests, but they do not undertake that role unless there is obvious discrimination in an agency’s contract decisions. In this case, they found that the Forest Service used a decision process that discriminated against 10 Tanker Air Carrier. The issues involved cost basis in which 10 Tanker clearly offered the lowest cost per gallon of retardant delivered on fires, and also involved the USFS use of outdated, third party input that, had the well-known facts been used, would have been in 10 Tanker’s favor.
Had 10 Tanker’s bid been awarded, we could have provided the same protection to the public with four aircraft this 2013 wildfire season that is the equivalent of 15 – 16 competing aircraft that will not be available for use for several years.
10 Tanker wholeheartedly agrees that responsible leaders, including the Chief of the USFS, should use emergency procedures and resources to protect the public in an emergency. However, we discourage the declaration of an emergency as a means of providing a long-term solution to this on-going issue. We are confident it will be resolved within the next several months and thank you all for your support as we move closer to the upcoming fire season.
It has has been 1 year, 2 months, and 25 days since the USFS first issued a solicitation for next-generation large air tankers, but no contracts have been awarded.