at 45. When an agency uses noncompetitive procedures under 41 U.S.C. In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. [6] Although the agency considered these communications to be clarifications rather than discussions, a number of offerors were questioned about substantive issues, and their responses provided major revisions to their proposals. T: (250) 724-7600 F: (250) 723-7766. AG-024B-S-11-9009 for NextGen large airtanker services. Servs., Inc., B-237742, Mar. Prior to OTC Markets Group, he was a trader and portfolio manager at Carr Securities Corporation, an institutional broker-dealer and market maker. Agency Post-Hearing Comments, Mar. [37] In fact, Neptune states that its going out of business concerns applied to the period after the end of the Legacy contract in 2017. Age. 29 Sep 1995. Tr. [3] The NextGen solicitation was intended to be the primary, but not the only, means by which the Forest Service met its modernization strategy goal of 18-28 modern large airtankers. Aircraft fuel was to be provided by the government or, if contractor-incurred, separately reimbursed. at 67.[4]. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. Overview. As detailed below, the Forest Service entered into a settlement agreement with Neptune on the basis that the award of a sole-source, NextGen-type contract was necessary to maintain Neptune as a vital source of large airtankers. 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. Tr. The protesters argue that the agency put the cart before the horse, and agreed to settle Neptunes protest before properly determining that the promised sole-source award complied with CICA. 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. Two C550s are awaiting upgrades now at the Coulson Port Alberni, B.C., base, while another is presently being repainted elsewhere in the Coulson crimson and white livery. Tr. [27] The Forest Service issued cure notices to Coulson, Minden, Aero Air, and Aero-Flite in September 2013 for failure to provide approved NextGen airtankers by the contracts MAP start dates. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. Similarly, the cost projections developed by FI assumed, per the terms of the Legacy contract, that Neptune would be reimbursed its fuel costs in addition to aircraft flight rates. Moreover, Neptune repeatedly informed the Forest Service that Neptune would file a lawsuit against the agency if the agency did not satisfy the terms of the parties settlement agreement. Based on her review of all information, including the FI financial analysis, the SPE concluded that the planned sole-source contract award to Neptune for industrial mobilization reasons was not presently justified (Neptune didnt need a contract). Minden Protest, Feb.10, 2014, at 2-3. [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. By August 2, FI completed its assessment of Neptunes financial viability. 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. 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. at480. at 471-73. N619SW, the aircraft involved in the accident, photographed in 2022, Learn how and when to remove this template message, List of accidents and incidents involving the Boeing 737, "Rescue mission launched after firefighting aircraft crashes in WA's Great Southern", "Two pilots survive after 737 large air tanker crashes in Fitzgerald River National Park while battling bushfires", "Plane crashes as firefighters battle blaze in WA's south", "Boeing 737 crash pilots walk away from fiery wreckage as Mark McGowan hails their survival a 'miracle', "Breaking: A Boeing 737-300 Has Crashed Fighting Fires In Australia", "Boeing 737 'firefighter' crashes in Australia", "Another 737 air tanker takes to the skies -", Aviation accidents and incidents in Australia, Australian National Airways Stinson crash, Queensland Airlines Lockheed Lodestar crash, Australian National Airways Douglas DC-4 crash, Essendon Airport Beechcraft King Air crash, https://en.wikipedia.org/w/index.php?title=2023_Coulson_Aviation_crash&oldid=1141270040, Accidents and incidents involving the Boeing 737 Classic, Aviation accidents and incidents in Western Australia, Accidents and incidents involving cargo aircraft, Use Australian English from February 2023, All Wikipedia articles written in Australian English, Articles lacking in-text citations from February 2023, Creative Commons Attribution-ShareAlike License 3.0, Crashed into terrain, under investigation, This page was last edited on 24 February 2023, at 06:02. Our highly experienced team of aerial firefighters are an invaluable firefighting asset for Australian emergency services authorities as they fight to protect human lives, infrastructure, wildlife and vegetation. Tr. Gen. LEXIS 735 at *12. 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. [30] The $496,211,590 figure consists of Neptunes $70,887,370 total cost per aircraft times seven aircraft. On this Wikipedia the language links are at the top of the page across from the article title. 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. at 138, 235. 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 do not include all outstanding orders as reported by aircraft manufacturers. 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. Tr. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. Tr. [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. . Planespotters.net 2023. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. Disclaimer. at 6-7. Tr. The Forest Service considers Neptune to be a vital supplier of airtankers. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. [9] The addition of a second BAe-146 large airtanker to Neptunes Legacy contract was not envisioned by the Forest Service to be a one-time occurrence. AR, Tab67, NextGen RFP, atB-11. DOCUMENT FOR PUBLIC RELEASE 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. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. 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. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. As the only aerial firefighting company operating both fixed-wing aircraft and Type 1 helicopters, Coulson Aviation (USA) Inc. is fully equipped to carry out aerial firefighting across the globe. Please refer to the current fleet list to see each aircraft's individual age. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. Our fleet currently features custom designed Hercules C-130s, Sikorsky S-61 helicopters, Boeing Chinook CH-47 helitankers, Sikorsky Black Hawk UH-60 helitankers, and our custom-converted Boeing 737 FireLiner fleet equipped with our proprietary RADS-XXL technology. It was retired by Southwest in August 2017, and transferred to Coulson Aviation later that month. Thereafter, the agency decided to take corrective action by reopening the competition. Derek Heyes Photo. Canada V9Y 8E9. Turns out they have put the Mars back to work. Determining whether a party is interested involves consideration of a variety of factors, including the nature of the issues raised, the benefit or relief sought by the protester, and the partys status in relation to the procurement. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. 4 C.F.R. Earth Prop. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. Following a May 21 meeting between Neptunes CEO, Forest Service FAM and AQM Directors and staffs, and USDA counsel, the parties engaged in a series of settlement discussions concerning the Forest Services noncompetitive award of a NextGen contract to Neptune pursuant to FAR 6.302-3 (industrial mobilization) in exchange for Neptune withdrawing its May 16 protest. A settlement agreement promising award of a contract on a sole-source basis in exchange for abandoning ongoing litigation, such as a bid protest, is not a permissible basis for restricting competition and excluding potential offerors. . Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, supra, at 2. at 4. 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. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. In fact, the ASA testified that the agency plans to conduct additional competitions in the coming years under which Neptune is eligible to compete and could receive awards. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. . Our review of an agencys decision to conduct a noncompetitive procurement focuses on the adequacy of the rationale and conclusions set forth in the J&A. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. [34] AR, Feb. 19, 2014, at 3-7. [vital] supplier . On December 2, the SPE provided the ASA with a detailed memorandum and documents in support of her recommendation that he not approve the J&A. 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. 4890 Cherry Creek Road Port Alberni, B.C. 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. The J&A also stated that the agency took into account alternative resources, and found there were no certified large airtankers currently available that were not already under contract with the Forest Service capable of meeting NextGen contract requirements. In this regard, however, the J&A did not address the fact that both 10Tanker and Coulson had previously approached the Forest Service about adding additional airtankers to their NextGen contracts (two additional airtankers in the case of Coulson), and that 10Tanker had delivered a second certified airtanker to the Forest Service for the 2013 fire season. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . 7. 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. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. Servs., Inc., supra. Even assuming all seven NextGen airtankers are available to fight fires in 2014, the Forest Service still will have only 16 [large airtankers], which is two [large airtankers] fewer than the minimum needed to fulfill its firefighting mission. They take very good care of their people. 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. As relevant here, the settlement agreement stated that: the Forest Service will award the Contract using noncompetitive procedures, pursuant to 41 U.S.C. If the agency reasonably determines that the award of a contract on a sole-source basis to Neptune is necessary for large airtanker services, the agency should execute a properly-reasoned J&A for the sole-source award. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. As detailed below, the record indicates that the verbal representations of Neptunes CEO concerning the firms financial viability were relied upon by the Forest Service when determining the agencys actions. Executive Candidate Assessment and Development Program. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. Coulsons and 10Tankers protests were dismissed as academic. 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. AG-024B-C-14-9000 to Neptune Aviation Services, Inc., of Missoula, Montana, by the Department of Agriculture (USDA), U.S. Forest Service, for next generation (NextGen) large airtanker services for wildland firefighting support. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. The J&A stated the following justification for the sole-source award to Neptune: Pursuant to FAR 6.302-3(b) [sic] (i),(ii),(iii) and (vi) [sic], the use of the industrial mobilization exception to the requirement to use full and open competition is appropriate when it is necessary to--(i)[k]eep vital facilities or suppliers in business or make them available in the event of a national emergency; (ii) prevent the loss of a suppliers ability and employees skills; (iii) maintain an acceptable balance of sources; and (vi) [sic] provide for an adequate industrial base by dividing the supply among two or more contractors. See Ridgeline Indus., Inc., supra; Minowitz Mfg. . In reaching its conclusions, FI found that Neptune had based its revenue projections for years 2-5 of the Legacy contract on the base-year rates instead of the higher, option-year rates set forth in the contract. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. Neptune and the Forest Service had significant communications during the period between when Neptune learned it would not receive a NextGen contract and Neptunes receipt of a sole-source contract. See FAR 6.304(a)(3). The agency justified the solesource award under 41 U.S.C. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. [t]o maintain a . Further, USDA argues the fact that Neptune would not have Legacy-contract revenues after 2017 was so obvious as to not warrant any business analysis focused on the years after 2017. Agency Post-Hearing Comments, Mar. Built as. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. at 457. Click on the button below to send an email to our team and we will get to it as soon as possible. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. at45253. at 464. at 4-5. 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. Tr. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. While it was conducting the NextGen large airtanker procurement, the Forest . 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. E: michael.strain@bowmanslaw.com. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. 14, 1990, 90-1 CPD 273 at 4-5, affd, B-237742.2, June 11, 1990, 90-1 CPD 546; Techplan Corp., B-234161, May 12, 1989, 89-1 CPD 452 at 5. 2020 Purchasing six Boeing 737-300s from Southwest Airlines back in 2017, Coulsons B737 FireLiner is now operational and has fought fires in Australia and the U.S. with great success. Its the GODs way of saying with 2020 & the Fires that the Martin Mars are meant to be made Fight Worthy and show the Flames how the Big Girls do it RIGHT!!!!! After taking on a new retardant load, it took off at 1:50 pm for the second mission. Test Registration. The agency justified the sole-source award under 41 U.S.C. 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. Id., 21.8(f)(1). [32] While there is both documentation and testimony suggesting some USDA and Forest Service officials believed the sole-source award here was based on urgency (i.e., having enough large airtankers available for the 2014 fire season, see Tr. 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. at735-36. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. 3301(a)(1); FAR 6.101. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. Id. See Agency Post-Hearing Comments, Mar. On June 6, the Forest Service and Neptune entered into a written settlement agreement, under which the agency agreed to award Neptune a sole-source contract for two NextGen large airtankers in exchange for Neptune withdrawing its protest (and thereby ending the CICA stay of the NextGen contract awards). Id. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. Download VCard. Have a story idea you would like to suggest? As noted above, no reasoned analysis has been presented to support a determination that a 9-year, sole-source contract was required to maintain Neptune as a source. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. Mr. Coulson is responsible for the Companys overall growth and strategic direction and has led the transformation of the company into an operator of regulated financial markets for U.S. and global companies. 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). [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. The SPE made a series of requests of the Forest Service for additional information, including Neptunes financial statements and balance sheets, Neptunes Legacy contract, and documents related to the NextGen procurement. . Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. AR, Jan. 31, 2014, at 9 n.7; Tr. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. AR, Jan. 31, 2014, at34-54. OTC Markets Group Inc. engages in the financial market business in the United States and internationally. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Tr. 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, Tab 67, NextGen RFP, at B-1. The protesters argue that the sole-source contract awarded to Neptune, which was promised in exchange for Neptunes withdrawal of an earlier bid protest, is not justified. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. The B737 FireLiner is capable of dropping 4,000 gallons (15,141 litres) of water or retardant while flying at maximum altitude and with no speed restrictions. For example, shortly before or after filing its protest, Neptunes CEO told the FAM Director that the company had made a significant investment in modern large airtankers and would go out of business without a NextGen contract award. Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. En route to the fires, the aircraft climbed to 29,000 feet (8,800m), before descending to around 700 feet (210m) over the fire zone once. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. . [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . Foster Coulson of Coulson Aviation said, A brand new technology package will be installed before [the aircraft] go to work. The aircraft will receive upgrades to their cameras and mission systems, as well as new liveries. AR, Tab23, RUS Financial Analysis of Neptune, June 26, 2013, at 1-4. 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. Wildland Fire Management: Improvements Needed in Information, Collaboration, and Planning to Enhance Federal Fire Aviation Program Success, GAO-13-684, Aug. 20, 2013, at 6. 18, 2014, at 5. 3. The adequacy of the rationale and conclusions set forth in the J&A is dependent on the completeness and accuracy of the information included in the J&A. at 700. The protesters also point to the fact that the only legitimate financial analysis conducted (the analysis by FI) demonstrated that Neptune did not require a sole-source contract to remain viable, as recognized by the agencys SPE, who refused to approve the J&A. Tr. As the only aerial firefighting company operating both fixed-wing aircraft and Type 1 helicopters, Coulson Aviation (USA) Inc. is fully equipped to carry out aerial firefighting across the globe. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. These protests followed publication of the sole-source award to Neptune in FedBizOpps. nature of the acquisition requires use of the authority cited, and [a] description of the market research conducted . 4890 Cherry Creek Road Port Alberni, B.C. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. File: B-409356.2; B-409356.3; B-409356.4; B-409356.5; B-409356.6. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. 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. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. 41 U.S.C. [24] The SPE testified that, in the meetings she attended, she heard no rationale advanced for a sole-source award to Neptune that she had not previously considered, and no rationale that she believed properly justified such an award. . FAR 6.302-3(a)(2)(i). T: +255 76 898 8640. Tr. [22] The agency subsequently provided Neptune with copies of both the RUS and FI financial analyses reports. at 691. 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[ 8 ] ar, Tab56, Neptune Legacy contract, at 3 copies! The use of the NextGen procurement and the results or a statement of the authority cited, and [ ]! Teb ) evaluated offerors proposals the offerors at 1-112 2014 are older and riskier to operate than newer NextGen.! Forth above, agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited.... ) 723-7766 the authority cited, and Director of OTC Markets Group Inc. in January.... Neptune had the ability to modify the payment terms of the parties Settlement Agreement, June6 2013., obtained through the use of competitive procedures decision to award a sole-source contract Neptune. F ) ( 1 ) ; FAR 6.101 aboardboth pilotssurvived with minor injuries and were taken to.!