Kaiterra Fire Systems, LLC (1202SC26T2500)

Case: B-423952 Agency: Department of Agriculture : Forest Service Date: 2026-02-04 Denied
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B-423952,B-423952.3 Feb 04, 2026 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Coulson Aviation USA, Inc., of Thermal, California, protests the award of contract No. 1202SC26T2500 on a sole-source basis to Perimeter Solutions LP, of St. Louis, Missouri, by the U.S. Department of Agriculture (USDA), Forest Service, for aerial long-term fire retardant (LTFR) products and ancillary services to designated airtanker bases (ATBs). Coulson challenges the agency's justification for the sole-source award, the scope of the award, and various aspects of the resultant contract. We dismiss the protest. View Decision   DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of: Coulson Aviation USA, Inc. File: B-423952; B-423952.3 Date: February 4, 2026 Jonathan D. Shaffer, Esq., and Léa A. Dickinson, Esq., Haynes and Boone, LLP, for the protester. John G. Horan, Esq., Faegre Drinker Biddle & Reath LLP, for Perimeter Solutions LP, the intervenor. Elin M. Dugan, Esq., Tyler Ellis, Esq., and Michelle M. Weiner, Esq., U.S. Department of Agriculture, for the agency. Michelle Litteken, Esq., and April Y. Shields, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the protester is not an interested party to challenge the agency's award of a contract on a sole-source basis because the firm cannot offer a qualified product. DECISION Coulson Aviation USA, Inc., of Thermal, California, protests the award of contract No. 1202SC26T2500 on a sole-source basis to Perimeter Solutions LP, of St. Louis, Missouri, by the U.S. Department of Agriculture (USDA), Forest Service, for aerial long-term fire retardant (LTFR) products and ancillary services to designated airtanker bases (ATBs). Coulson challenges the agency's justification for the sole-source award, the scope of the award, and various aspects of the resultant contract. We dismiss the protest. BACKGROUND The Forest Service's retardant program provides aerially applied and limited ground-based qualified long-term fire retardant (LTFR) products and application systems to assist in reducing wildfire intensity and spread. Contracting Officer's Statement (COS) at 1.[1] The agency qualifies aerial LTFR products pursuant to USDA specifications, and only fully qualified LTFR products may be used on National Forest Service System lands. Id. Currently, Perimeter is the only supplier with a fully qualified aerial LTFR product. Id. at 2. On July 11, 2025, the Forest Service issued a notice that it intended to award a sole-source contract to Perimeter for the supply of aerial LTFR products and necessary ancillary support. Agency Report (AR), Tab 29, Notice of Intent at 2. The notice provided that the aerial LTFR products supplied must be fully qualified. Id. at 3. The notice cited as authority for the sole-source award 41 U.S.C. § 3304(a)(1), as implemented by Federal Acquisition Regulation (FAR) section 6.302-1 (“Only one responsible source and no other supplies or services will satisfy agency requirements”). Id. The notice did not provide any information regarding the estimated value of the contract or the period of performance. The notice invited responses within 7 days from sources meeting the agency's requirement--including having a fully qualified aerial LTFR product. Id. at 3-4. The agency did not receive any responses to the July 11 notice of intent. COS at 4. Subsequently, on September 16, the Forest Service posted a notice of award and accompanying justification and approval (J&A) for a contract awarded on September 3. AR, Tab 36, Notice of Award at 2. The J&A provided that the agency was awarding Perimeter an indefinite-delivery, indefinite-quantity contract for the supply of fully qualified aerial LTFR products and necessary ancillary services. AR, Tab 28, J&A at 1. The J&A described the ancillary services as follows: “Ancillary services include the shipping, storing, mixing, loading, off-loading of the aerial LTFR products, and loading of water onto fixed wing aircraft, as necessary to mee[t] the Government's requirement for supply of the aerial LTFR products, at the various ATBs.” Id. The contract would support three types of ATBs--type A (full-service), type B (bulk), and type C (call when needed)--and the J&A explained that at a type A ATB, “the Contractor provides the necessary equipment and labor supplemented by limited Government furnished equipment to meet the requirement.” Id. at 1-2. The J&A stated that the contract would have a 5-year period of performance, and the total estimated value was $1.3 billion. Id. The J&A noted that Perimeter was the only supplier to attain full qualification of an aerial LTFR product, and three other firms had a product in testing. AR, Tab 28, J&A at 2‑3.

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