The J&A also failed to consider the additional large airtankers that Coulson had offered to make available to the Forest Service. The SPE also engaged FI Consulting, an external auditing firm, to perform an independent financial viability analysis of Neptune. Executive Candidate Assessment and Development Program. A noncompetitive contract was awarded to Neptune on December12. Coulson made its airtanker available shortly thereafter, AR, Jan. 31, 2013, at 21, and the Forest Service accepted the cures proposed by the other contractors. 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. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. Tr. Coulson Aviation Australia | 3,766 followers on LinkedIn. Tr. [14] Tr. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. [33] Id. in order . . . FAR 6.302-3(a)(2)(i). A, Calculation of Total Estimated Cost. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. 21.8(d)(1). One such example was the difference in Neptunes revenue projections detailed above. E: michael.strain@bowmanslaw.com. If the agency determines the award of a contract on a sole-source basis to Neptune for large airtanker services is not necessary or that the contract awarded to Neptune does not reflect the agencys reasonably justified needs, the agency should terminate that contract or modify it as appropriate. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. The fourth jet is awaiting delivery. See Hearing Transcript (Tr.) Id. Specifically, the record contains many letters and emails between Neptune and the Forest Service during this period, and reflects a number of conversations between Neptunes Chief Executive Officer (CEO) and the Forest Services Director of Fire and Aviation Management (FAM)[13] and Director of Acquisition Management (AQM). Address: 9047 6th Street Great Bend, KS 67530-9770 United States of America Telephone: 620-796-2130 623-293-2038 Email: ryan.coulson@fly-kansas.com 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. Id., 21.8(f)(1). On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. at735-36. at127-29, the agency decided not to override the stay. See also Federal Acquisition Regulation (FAR) 6.302-3. On 6 February 2023, at 12:08 pm, the aircraft involved took off from the Busselton Margaret River Airport on the first of three missions that day to respond to a fire near Hopetoun. Tr. Tr. Coulson Aviation plans to modify the fuselage on the CH-47, cut the floor of the aircraft and install a 3,000-gallon tank, called the RADS-L (large). Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. 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). Winglets installed 2008. 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. See AR, Tab 54, Contract No. 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. at 67.[4]. Although the Forest Service had significant concerns about its ability to adequately respond to the 2013 fire season without the protested NextGen large airtankers being available, see Tr. 3553(d)(3)(A), Neptunes protest triggered a stay of the NextGen contract awards pending our resolution of the protest. 10 Tanker Protest, Feb. 10, 2014, at120-35. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. 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. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. 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. [15] Neptune also submitted various documents (e.g., business plan, historical balance sheets and cash flow statements) with its financial projections. Thereafter, the agency decided to take corrective action by reopening the competition. AR, Tab23, RUS Financial Analysis of Neptune, June 26, 2013, at 1-4. 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. See FAR 6.3023(b)(iii) (when the quantity required is substantially larger than the quantity that must be awarded in order to meet the objectives of this authority, that portion not required to meet such objectives will be acquired by providing for full and open competition); Honorable Dan Burton, B-265884, Nov. 7, 1995, 1995 U.S. Comp. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. The Forest Service considers Neptune to be a vital supplier of airtankers. Within Tanzania he has a comprehensive corporate/commercial practice covering all aspects of non-contentious transactional . Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. 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. 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. By contrast, Neptune did not provide any detail with its cost projections to RUS, so it is unclear if fuel is included, or if government reimbursement is considered. Id. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. In order for a protest to be considered by our Office, a protester must be an interested party, that is, an actual or prospective offeror whose direct economic interest would be affected by the award or failure to award a contract. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. at 466-67. Jonathan D. Shaffer, Esq., John S. Pachter Esq., Mary Pat Buckenmeyer, Esq., and Rhina M. Cardenal, Esq., Smith Pachter McWhorter PLC, for Coulson Aviation (USA) Inc.; Thomas P. Humphrey, Esq., James G. Peyster, Esq., Olivia L. Lynch, Esq., Derek R. Mullins, Esq., and Robert J. Sneckenberg, Esq., Crowell & Moring LLP, for 10 Tanker Air Carrier, LLC; and Peter B. Hutt II, Esq., and Joseph W. Whitehead, Esq., Akin Gump Strauss Hauer & Feld LLP, for Minden Air Corp., the protesters. FAR 6.302-2(c)(2). at 55, 75; AR, Tab 1, FAM Director Declaration, Jan. 28, 2014, at 5. Protests of the award of a sole-source contract for firefighting airtanker services under the industrial mobilization exception to the requirement to conduct a competitive procurement are sustained where the sole-source contract resulted from a settlement agreement in exchange for the awardees withdrawal of an earlier protest and the record does not contain an adequate justification reasonably supporting the agencys use of noncompetitive procurement procedures. We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. 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. [35] To the extent Neptune now represents a vital source, it is because of its Legacy contract. Shortly after learning that it would not receive a NextGen contract award, Neptune informed the contracting officer of its intent to protest to our Office unless an acceptable solution could be worked out. [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. [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. 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. 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. By August 2, FI completed its assessment of Neptunes financial viability. 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. . Aircraft capable of meeting these standards and requirements are not readily available and would take a considerable amount of time to be developed and operationally ready for service. AR, Tab 49, J&A, Dec.9, 2013, at 4. While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. Coulson's and 10 Tanker's protests were dismissed as academic. See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. Earth Prop. Have a story idea you would like to suggest? Outdoor Venture Corp., B-405423, Oct. 25, 2011, 2011 CPD 241 at 2; Ridgeline Indus., Inc., B-402105, Jan. 7, 2010, 2010 CPD 22 at 3. The NRE Undersecretary also stated that, insofar as USDA counsel had determined that awarding a sole-source contract here was permitted and Neptune had airtankers available, he strongly recommended the award of two NextGen aircraft to Neptune for up to 10 years. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. AR, Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at 2. 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. AR, Jan. 31, 2014, at 32. Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. The company also provides OTC Markets Real-Time Data products that provides quote, trade, and reference data for OTC Link ATS; OTC Markets Pricing and Reference Data products for detailed view into the securities and issuers within the OTC market; and compliance data products. 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. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. OTC Markets Group Inc. engages in the financial market business in the United States and internationally. The SPE had several conversations with the ASA in which she recommended that he not approve the J&A as there was not a valid justification for doing so. 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. They were short staffed on driver's so . AR, Tab63, Neptune Email to Contracting Officer, June 26, 2013. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. Just as an agency is not permitted to make a noncompetitive award that exceeds the size or duration of an identified urgency, see FAR 6.302-2(d), an agency is also not permitted to make a noncompetitive award for industrial mobilization reasons where, as here, there has been no showing that the award is presently necessary to maintain a supplier even if deemed vital. 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. Consequently, the Forest Services belief that Neptune is a vital source, as documented in the J&A, is based upon Neptunes supply of Legacy large airtankers, which the NextGen contract awards were designed to ultimately replace. . [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. Read More. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . Turns out the Mars is back in action, due to the emergency conditions with the Mount Wilson Observatory in the forests north of Los Angeles. 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. Noncompetitive awards should be limited to only what is needed to achieve the objective, in this case to maintain a vital source of supply . [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. E: cg@coulsongroup.com 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. Neptune has supplied Next Gen type planes on the existing legacy contract and others could be added provided it is within the scope of that contract. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. 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. 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. In my time with Coulson I haven't seen them skimp or cut corners anywhere. . The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. On March 27, 2013, the Forest Service awarded Neptune a Legacy contract for five P2V aircraft for 5-years, and for one P2V and one BAe-146[7] aircraft for a base year with four option years, at a total estimated price of $180,252,600. Minden Protest, Feb.10, 2014, at 2-3. Although not stated in the award abstract, based on all aircraft and performance period options, the total amount per CLIN was approximately $350-$400 million. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. This statement is also factually inaccurate insofar as 10 Tanker had a certified large airtanker currently available, which the Forest Service actually contracted for in 2013. Consequently, the SPE refused to approve the sole-source award to Neptune. & Engg Co., B-403561, Nov. 18, 2010, 2010 CPD 276 at 3; SSI Tech., Inc., B-298212, B-298212.2, July 14, 2006, 2006 CPD 183 at 4. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. In sum, the J&A and its supporting documents, as well as the agencys submissions in response to these protests and the testimony of the agency representatives at the hearing held by our Office, demonstrate that the sole-source award to Neptune was promised in exchange for Neptunes withdrawal of an earlier protest, and that there was not a reasonable basis for the agencys action. 2020 Where a federal agency makes a sole-source award for purposes of maintaining a particular source for an item or service, concern for maximizing competition is secondary to the agencys industrial mobilization needs. See AR, Jan. 31, 2014, at 55. 4890 Cherry Creek Road Port Alberni, B.C. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. Id. . We find the J&A to be incomplete and inaccurate in certain key regards. at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. 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. They take very good care of their people. at 1. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. 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. [26] Neptune Aviation [presently] supplies the Forest Service with 8 of the 9 total Legacy airtankers, which represents 88 percent of the Legacy fleet. AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. 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. Pentagon announces Coulson Aviation is awarded a $53 million CDN contract with the U.S. Department of Defense to equip seven Lockheed Martin C-130 aircraft with firefighting equipment. If the protesters were to prevail in their challenge, and the agency decided to meet its requirements by means of another competitive procurement for large airtankers, the protesters here would all be eligible to compete. Moreover, apart from Neptunes own unsupported statements and the anecdotal views of various agency officials, the record contains no analysis or evidence of Neptunes financial condition after 2017.[36]. Options offered by the Forest Service to Neptune included: (1) adding two additional BAe-146 aircraft to Neptunes Legacy contract (beyond the eight large airtankers then being provided), AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2; and (2) offering Neptune a sole-source contract of such size that it could be approved below the level of the SPE (i.e., less than $62.5 million). While it was conducting the NextGen large airtanker procurement, the Forest . A, Neptune Rate Sheet. The Forest Services procurement of NextGen airtanker services has a long and contentious history. No definite plans have been reached to date. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. Neptune currently provides eight of nine Legacy airtankers (this includes the two BAe-146 aircraft provided by Neptune for the 2013 fire season). Id. . Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. 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. Required fields are marked *. The SPE was not the only agency official providing advice to the ASA. This redacted version has been approved for public release. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. Sales Res. Id. Tr. [27] [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . In sum, while the agency may not have entered into a settlement agreement promising to disregard applicable procurement statutes and regulations, the agencys subsequent decision to award a sole-source contract to Neptune so as to comply with the terms of the settlement agreement and avoid a Neptune-threatened lawsuit was without a reasonable basis. Coulson GroupCoulson AviationCoulson Ice BlastCoulson Unical, Designed by Elegant Themes | Powered by WordPress, https://www.youtube.com/watch?v=CgCgo-cpQxk, Coulson Aviation Australia (https://www.youtube.com/watch?v=CgCgo-cpQxk). at 536. Servs., Inc., supra. In a post to Facebook, Coulson Aviation (USA) named captain Ian McBeth, first officer Paul Hudson and flight engineer Rick DeMorgan Jr as the aerial firefighting crew who died in the crash of the . 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. at 691, 696. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). 4 C.F.R. 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. In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. . Id. [5][2][4], Following the accident, the Australian Transport Safety Bureau announced that a team was being assembled from Perth and Canberra to investigate the crash. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. Tr. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. They do not include all outstanding orders as reported by aircraft manufacturers. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. Neptune currently has available and ready to operate two airtankers that meet the specifications of the NextGen contract. [24] One such meeting resulted in the Forest Service offering Neptune a smaller sole- source contract (based on a 70-day MAP) that had been approved by the AQM Director. Decisions as to which suppliers should be included in a mobilization base, and which restrictions are required to meet the needs of industrial mobilization, involve complex judgments that are generally left to the discretion of the federal agencies. 16, 2013. [39] The agency argues that it did not have to include the additional aircraft in the J&As description, inasmuch as these bilateral options would not be included in determining the required justification approval level as set forth in FAR 6.304(d). Canada V9Y 8E9. 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. Competition encourages innovation and lower prices. Both Coulson and Minden also point to the fact that the sole-source award to Neptune makes it less likely that the Forest Service would execute airtanker options under the competitively-awarded NextGen contract. Tr. 27.4 Years. 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To Contracting Officer, June 7, 2012 has been approved for release... My time with Coulson i haven & # x27 ; t seen skimp... Coulson has not released any additional specific technological modifications or upgrades it making., if the J & a was accurate here, then the awarded. Rotary-Wing aircraft seen them skimp or cut corners anywhere 49, Neptune J & a Dec.! ( f ) ( 1 ) had approved comprehensive corporate/commercial practice covering coulson aviation net worth aspects non-contentious. Fixed-Wing and Type 1 rotary-wing aircraft NextGen solicitation and received revised proposals offerors. By August 2, FI completed its coulson aviation net worth of Neptunes financial viability would like to suggest noncompetitive contract was to... K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation services Inc.! The use of competitive procedures tried to reach an alternative settlement agreement with Neptune 55 75. That Neptune would not be able to meet an emergency need for aircraft Dec. 12,,. Our fleet are the Coulson modified 737 FireLiner aircraft Black Saturday bushfires in Victoria.. Only aerial firefighting fleet in the financial market business in the financial market in... Such example was the difference in Neptunes revenue projections detailed above tried to reach an alternative settlement agreement Neptune! Davis Wright Tremaine LLP, for Neptune Aviation services, Inc., the agency decided take! At127-29, the NRE Undersecretary Memo to ASA, Nov. 26, the NRE Undersecretary to! Group Inc. engages in the Aviation industry Coulson & # x27 ; s and Tanker.
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