FDC/aerofilter Victorious in First Steps Toward Fair Military Procurement Practices
Premier Provider of Inlet Barrier Filtration Systems for Helicopters
Determined to Continue Efforts Until Full and Fair Competition Occurs.
Novato, California August 23, 2004 FDC/aerofilter has been locked in litigation with the US Army over opportunity to sell inlet filters for the potentially huge market represented by military helicopters operating in Iraq, Afghanistan and other demanding environments. FDC - the leader in sales of filtration systems to the civil market - has been seeking to sell its wares to the US Government. It hasn't been easy.
So far, all the Army's requirements have been awarded, without competition, to the Aerospace Filtration Systems (AFS) unit of Westar Corporation, a privately held company based in St. Louis, Missouri. Frustrated with the Army's unwillingness to open up its requirements to competition, FDC filed a long-shot, high-risk case against the Army in a federal court in Washington, the US Court of Federal Claims. Against all odds, it won.
The case concerned the Army's "sole source" contract with Westar for filtration kits to equip UH-60 Black Hawk helicopters operating in Iraq and Afghanistan. FDC alleged, and the Court agreed, that even though there was an "emergency" that justified some purchases from AFS without competition, the Army had violated procurement law by trying to buy more units from AFS, without competition, than were justified by the urgent situation. In addition, FDC challenged whether it was proper for the Army to buy from AFS when its parent, Westar, was under separate contract to provide SETA - Systems Engineering and Technical Assistance - services to the Army on many different helicopter programs, including the UH-60. FDC said this constituted an impermissible "organizational conflict of interest" under government procurement regulations.
Again, the federal Court agreed. It ruled that Westar, as a SETA contractor, was "categorically precluded" from selling the Army major components, such as filter kits, for the UH-60.
Since the Court's ruling, FDC has continued its single-minded pursuit of competitive opportunity with the US Army. The Army seems to be a slow learner, however, as it has done next to nothing to compete any of its filter needs. Not to be denied, FDC has taken its case to Capitol Hill in Washington, where it is receiving a sympathetic hearing. It argues that the Army's "first mistake", neglect of competition rules and conflict of interest regulations, was addressed by the judiciary, but that Congress should act on its "second mistake," namely that the Army has ignored the federal court decision.
FDC explains its interest is in bringing competition to the rapidly growing US helicopter market so that the price and performance advantages secured through competition will be realized by soldiers and sailors and the taxpayers who foot the bill. Armed with the federal court victory, FDC claims it will press ahead until full and fair competition occurs.
About FDC/aerofilter
FDC/aerofilter designs, manufactures and supports turbine engine inlet barrier filtration systems for helicopters operating in any environment. The unique filtration media, commitment to innovation and proven customer support have created the most efficient system on the market. FDC/aerofilter is the oldest and largest supplier of inlet barrier filters to the commercial, civil government and military markets worldwide.
Pure air dramatically cuts operating costs. The Aerofilter eliminates FOD and engine erosion: reducing engine maintenance; decreasing downtime; and maintaining engine health. In a clean environment, the filter can pay for itself in under a year. In a harsh environment, in under a flight. For more information on current products, please visit FDC/aerofilter website at: http://www.fdcaerofilter.com |
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