This time the air tanker descended two times over the fire zone, crashing at 4:14 pm, while executing the second descent in the Fitzgerald River National Park. FI found that the fundamental difference was that RUS had solely relied on Neptune-provided financial projections while FI had had access to a wider range of information that allowed it to develop its own projections. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. In 2017, the number of [large airtankers] under contract to the Forest Service will decrease from 16 to 7, with the expiration of the Legacy contracts, unless additional NextGen airtankers are procured from the current NextGen contractors. These protests followed publication of the sole-source award to Neptune in FedBizOpps. File: B-409356.2; B-409356.3; B-409356.4; B-409356.5; B-409356.6. Gen. LEXIS 735 at *12. Id. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. The companys latest 737, serial number N619SW, will undergo 43,000-man hours to complete the conversion to a FireLiner consisting of the gravity retardant aerial delivery system (RADS-XXL/2) tank, avionics upgrades, new interior with refurbished passenger seats and new paint in Coulson colours. 4. D, 2012 NextGen Contract Award Abstract. AG-024B-C-14-9000, atB-1. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. Tr. Accepting the projected revenues and expenses as provided by Neptune on their face, RUS ultimately concluded that the only scenario in which the company could obtain a positive net income over the next 5years was where Neptune received two NextGen contract awards in addition to its current Legacy contract. [19] See FAR 6.304(a)(4). The NextGen large airtankers are intended to replace the Forest Services use of Legacy large airtankers, which are generally much older, slower, and less reliable aircraft. Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. The aircraft was the 2762nd 737 built, and was delivered new to Southwest Airlines in November 1995. Tr. Nevertheless, USDA argues that it did not act improperly because the sole-source award complied with all applicable procurement statutes and regulations. at658), the agency acknowledges that the 9-year, sole-source contract awarded to Neptune was based on the industrial mobilization exception to CICA. Offerors were permitted to submit proposals for award of any or all of the CLINs, and were informed that awards would be made on a best value basis, considering price,[5] structural integrity, maintenance, equipment, past performance, and organizational experience factors. E: cg@coulsongroup.com Tr. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. FI also found that Neptune had based its revenue projections for the same period on the use of seven P2V aircraft, rather than six P2V and one BAe-146 aircraft (and the higher BAe-146 rates) as specified by the terms of the Legacy contract. Accordingly, while the agency contends that the J&A did not rely on the FI financial analysis to assess Neptunes long-term viability, neither did the agency rely on any other information when making such an assessment. 3304(a). Tr. As the Australian business arm of global company Coulson Aviation, Coulson Aviation Australia also supports other Australian States with the provision of large aircraft and experienced team members. Accordingly, on June 21 the Forest Service informed the SPE of the settlement agreement that the agency had entered with Neptune, and requested that she execute a justification and approval (J&A) for the sole-source award. AR, Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at 2. Id. As relevant here, the settlement agreement stated that: the Forest Service will award the Contract using noncompetitive procedures, pursuant to 41 U.S.C. After also finding Neptunes expected costs to be lower than the companys projections, FI concluded that Neptune would have the financial capacity to operate and continue performing on its in-place Legacy contract with the Forest Service through, at a minimum, calendar year 2016, without any further contract awards. While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. See Ridgeline Indus., Inc., supra; Minowitz Mfg. Coulson Aviation Australia currently operates a number of New South Wales Rural Fire Service-owned aircraft andmanages all maintenance and fleet support systems for those RFS aircraft in Australia. Moreover, had the agency used this separate authority as the basis for its noncompetitive contract award, the agency would have been required to request offers from as many potential sources as is practicable under the circumstances. Additionally, the agencys apparent belief that an immediate need for NextGen airtankers in 2014 justified the award of a sole-source, 9-year contract on the basis of industrial mobilization is not supported and has no rational basis. Coulsons Port Alberni facility is also busy converting another one of its 737-300s into the B737 FireLiner. 31, 1992, 92-2 CPD 29 at 3-4. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. Similarly, if the protesters were to prevail in their challenge and the agency decided to meet its requirements by exercising options available to it under the NextGen contract, the protesters would be interested and eligible to receive such orders. 1 The average fleet age is based on our own calculations and may differ from other figures. Specifically, the ASA stated that he wanted to be sure that we could ensure that the Forest Service would be able to meet its mission of responding to forest fires for the 2014 season. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. Id. [37] Moreover, while FIs conclusions were limited to the period through 2017, at no time did the agency conduct any other analysis to determine Neptunes financial viability after 2017. Coulson Aviation (USA) Inc., of Port Alberni, British Columbia, Canada, 10 Tanker Air Carrier, LLC, of Albuquerque, New Mexico, and Minden Air Corp., of Minden, Nevada, protest the noncompetitive award of contract No. On its third mission, it took off at 3:32 pm. Today, the company's Coulson Aircrane aviation branch still offers helicopter logging but has expanded its ambitious mandate to include power line construction and forest fire suppression. Id. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. As a final matter, in addition to the fundamental lack of support for the J&As premise that Neptune now requires a 9-year sole-source contract in order to maintain the firm in the future as a vital supplier of aircraft, the record reflects that the J&A was premised on materially inaccurate information. Specifically, in making her recommendation the SPE stated as follows: General Public policy, the Competition in Contracting Act, and the FAR promote competition to ensure a fair playing field for firms interested in doing business with the Federal government. AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). Test Registration. Get the latest business insights from Dun & Bradstreet. at735-36 (the agency plans to conduct additional competitions in the coming years under which Neptune would be eligible to compete and could receive awards). For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. Specifically, the agency contends that Coulson and Minden did not have additional large airtankers available at the time the J&A was signed that would be capable of performing the requirements of the Neptune sole-source contract (which has an April 28, 2014, start date). Prior to OTC Markets Group, he was a trader and portfolio manager at Carr Securities Corporation, an institutional broker-dealer and market maker. AR, Feb. 19, 2014, at 3-4, 8. Airtankers (of various sizes) are but one type of aviation resource used by the Forest Service to perform fire suppression missions; other assets include helicopters, aerial supervision fixed-wing aircraft, smokejumper aircraft, heat-detecting infrared aircraft, and water scoopers. What is the salary of R Coulson? Tr. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. [29] Id. During a visit by Skies to the water bomber base at Sproat Lake, B.C., two of the four Hawaii Mars engines were receiving maintenance. [14] Tr. The agency anticipates issuing a similar contract modification for the 2014 fire season. 4 C.F.R. [18] The settlement agreement specified that the contract to be awarded to Neptune would be the same duration as the NextGen contract awards (i.e., a 5-year base period with five 1-year options). OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. 18, 2014, at 9-10, 21; see also Tr. 29 Sep 1995. See also Federal Acquisition Regulation (FAR) 6.302-3. at 45. Within Tanzania he has a comprehensive corporate/commercial practice covering all aspects of non-contentious transactional . AR, Tab66, USDA Email to GAO, Sept. 6, 2012. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. The company has over 160,000. Neptunes Financial Stability - . AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. Consequently, the SPE refused to approve the sole-source award to Neptune. 15, 2013. Coulson points to the fact that in October 2013 it offered to provide the Forest Service with two additional large airtankers under the NextGen contract, and argues it would be available and ready to perform by an April28, 2014, start date (as established by the contract awarded to Neptune). They take very good care of their people. . Only supported aircraft types that are active with this airline are included in the calculations. On December 9, the ASA executed a J&A for the sole-source award to Neptune for two NextGen aircraft (for a 4-year base period with five 1-year options) at a total estimated price of $141,774,740. Coulsons and 10Tankers protests were dismissed as academic. Tr. 21.8(d)(1). at 691, 696. Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. Tr. Read More. 5. Shortly thereafter the Forest Service modified Neptunes Legacy contract and added an additional BAe-146 aircraft for the 2013 fire season at a total estimated price of $4,960,200. Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. In this regard, the protesters claim that the agencys actions have been motivated by the desire to fulfill the terms of a settlement agreement and to avoid a lawsuit by Neptune for allegedly breaching that agreement. Click on the button below to send an email to our team and we will get to it as soon as possible. . See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. Tr. The Forest Service contends that this immediate need for additional NextGen airtankers provided it with an industrial mobilization need in December 2013 when it decided to award Neptune a solesource, 9-year contract for NextGen airtanker services. . Rather, the protesters challenge the reasonableness of the agencys determination that the sole-source contract here is necessary to maintain a vital source of supply. 6. For example, our Office upheld a protest of a solesource award where an agency justified its failure to conduct a full and open competition on the basis that it had entered a settlement agreement promising the award of a contract in exchange for abandoning a threatened contract claim. in order . 001, May 15, 2013, at B-21. See 31 U.S.C. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. See Tr. AR, Tab67, NextGen RFP, atB-11. In addition, it offers OTC Disclosure & News Service for publishing and distributing data, news, and financials; Real-Time Level 2 Quotes that gives investors access to real-time bid- ask information and depth of book; Blue Sky Monitoring Service for analysis, review, and guidance about a company's compliance with the United States securities laws; and Virtual Investor Conferences, which allows issuers to communicate and engages with investors, as well as operates the OTCQX Best Market OTCQB Venture Market, and Pink Open Market. The record also reflects that, after August 26, there generally was no longer any disagreement among the parties about Neptunes present financial viability. Elin M. Dugan, Esq., Inga Bumbary-Langston, Esq., Shawn S. McGruder, Esq., Mark G. Garrett, Esq., and Melissa D. McClellan, Esq., Department of Agriculture, for the agency. No definite plans have been reached to date. [25] The ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise. With contracts for aerial firefighting across the world, the work of the Coulson Aviation team has been featured in the aviation industry and media recently. Neptune currently has available and ready to operate two airtankers that meet the specifications of the NextGen contract. 4890 Cherry Creek Road Port Alberni, B.C. FAR 6.302-2(c)(2). . The agency does not dispute that 10Tanker had an additional airtanker available (in fact, already performing) that met Forest Service requirements at the time the J&A was signed. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. Tr. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. They were short staffed on driver's so . The SPE then asked FI to perform a comparison of its conclusions with those of RUS. Quite simply, the existence of a settlement agreement does not permit a contracting agency to act in ways not otherwise permitted by applicable statutes and regulations. Executive Candidate Assessment and Development Program. Save my name, email, and website in this browser for the next time I comment. Tr. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. The Forest Service has determined that based on all the above reasons, it has become necessary to invoke this authority with respect to Neptune Aviation, whose resources and equipment must be available to provide key services if the Forest Service is to successfully fulfill its mission. See FAR 6.302-2(d) (the total period of a noncompetitive contract awarded on the basis of urgency generally may not exceed the time necessary to satisfy the urgent needs). The record also reflects that the NextGen contracts represent the primary, but not only, means by which the Forest Service plans to meet its modernization strategy goal of 18-28 modern large airtankers. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. On 6 February 2023, a Boeing 737-300 owned by Coulson Aviation and used as an air tanker crashed in the Fitzgerald River National Park in the Great Southern Region of Western Australia while fighting multiple fires. While the agency argues the fact that other contractors may have airtankers available to perform Neptunes contract to be irrelevant here, AR, Jan. 31, 2014, at 52, we fail to see how the agency can reasonably find Neptune to be a vital source without accurately considering all sources. Although the aircrafts days as an operational water bomber have passed, Coulsons Hawaii Mars aircraft might take to the air again to provide aerial sightseeing tours and could also hit the airshow circuit one day in the future. AR, Tab63, Neptune Email to Contracting Officer, June 26, 2013. at 67.[4]. Servs., Inc., supra. Tr. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). AR, Tab 57, Neptune Letter to Contracting Officer, Apr. It seems like if were interested in creating a balanced source of supply we would award more air tankers to the other legacy contractor, Minden, or add more air tankers to the current Next Gen contractors versus issuing a noncompetitive award to an unsuccessful offeror. Interested Party Status of Coulson and Minden. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. In a Coulson Aviation media release from Aug. 14, the company said: Since 2009 we have pioneered various intelligence programs focused on creating additional accountability and value for government agencies. 2020 | terms of any of its conclusions with those of RUS then contract! The B737 FireLiner season in North America the protests merits to Neptune in FedBizOpps other figures, information... 2021 in time for the next three months the Forest Service Email, 7... 9, 2013, at1-2 the contract awarded to Neptune was based on our calculations! B-406920 et al., Sept. 10, 2013, at 9-10, 21 ; also... Argues that it did not act improperly because the sole-source award to Neptune 1,800-8,000 gallons of fire retardant aerial..., Office of the General Counsel, GAO, Sept. 6, 2013, at1-2 exception to CICA Federal Regulation... 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