The company has over 160,000. 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. See FAR 6.304(a)(3). These assertions, however, ignore the possibility or likelihood of Neptune acquiring additional work over the course of the next 4years. 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. Tr. . [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. at79-80. 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. According to data from FlightRadar24.com, the aircraft climbed to 29,000 feet en route to assist firefighting efforts in the Fitzgerald River National Park. Consequently, the SPE refused to approve the sole-source award to Neptune. The decision issued on the date below was subject to a GAO Protective Order. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). at 2, 4. [26] T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. Tr. One such example was the difference in Neptunes revenue projections detailed above. AR, Tab 56, Neptune Legacy Contract, at B-2. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. 21.0(a)(1), 21.1(a) (2013); Cattlemens Meat Co., B-296616, Aug. 30, 2005, 2005 CPD 167 at 2 n.1. Rather, the record demonstrates that the sole-source contract--promised by the Forest Service in exchange for Neptunes withdrawal of an earlier bid protest--was without a reasonable basis. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. Likewise, Minden states that it owns a second aircraft (BAe-146) that it is converting into an airtanker, and would be able to submit a proposal should the Forest Service conduct another competitive procurement. The determination of whether a party is interested to challenge a sole-source award involves considering, among other things, the basis of the sole-source award. The Forest Service also made a Legacy contract award to Minden for one P2V aircraft. [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. To the extent the agency believed an urgent need for large airtanker services would justify a noncompetitive 9-year contract, there is no analysis or explanation in the record demonstrating that this is so.[38]. 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. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. Further, it offers software, and risk and performance analytics tools for the banking and finance industry; news, compliance, and communications solutions; online capital raising solutions; and OTCIQ, a market intelligence and investor relations portal. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. The SPE did several things before taking any action on the Forest Services request. 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. . The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. It returned to the same airport at 1:26 pm. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. Previously operated by U.S. Customs and Border Protection, the fast, light corporate jets flew for the past 40 years tracking, detecting and intercepting illegal air smugglers attempting to cross the U.S. border. The record shows, however, that the contract subsequently awarded to Neptune included the option of five additional large airtankers, for up to 9 years each, at a total estimated value of approximately $496 million--more than three times greater than what was approved. at 658. AG-024B-C-14-9000, at B-1. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. The CLINs, each of which had a 5year base period and five 1-year options, contained sub-CLINs providing the Forest Service with the option to add up to 2 additional airtankers in the second contract year and 2 more airtankers in the third through tenth contract years, for a possible total of 5 aircraft and 44 aircraft-years per line item. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. They do not include all outstanding orders as reported by aircraft manufacturers. 4 C.F.R. [13] The FAM is the Forest Service program office that determines what aviation resources are needed to fulfill the agencys firefighting mission. Winglets installed 2008. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. 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. The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. Noncompetitive awards should be limited to only what is needed to achieve the objective, in this case to maintain a vital source of supply . Coulson Aviation Australia Global Leaders in Aerial Firefighting AERIAL FIREFIGHTING IN AUSTRALIA 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. at 464. The fact that the J&A was inaccurate with regard to alternative sources is also important because where, as here, an agency proposes to award a sole-source contract premised on the vital nature of a supplier, it must accurately consider whether the industrial base can be maintained without resorting to noncompetitive procurements. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. [32] In relevant part, the FAR states as follows: (2) Full and open competition need not to be provided for when it is necessary to award the contract to a particular source or sources in order--. There are no executives at OTC Markets getting paid more. [1] On November30, 2011, the Forest Service issued request for proposals (RFP) No. [t]o maintain a . 41 U.S.C. The RUS noted that the information provided by Neptune did not include detailed expense projections or a balance sheet and cash flow projections for the next 5-year period. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. Tr. at 657-693. [34] For this reason, the agency argues, the FI financial analysis, which did not look beyond a 5-year period, was not relevant or relied upon in the J&A. In addition to its current Legacy contract (including options for more airtankers being placed under the Legacy contract), Neptune is not precluded from competing on work--Forest Service or otherwise--in the coming years. & 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. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. In my time with Coulson I haven't seen them skimp or cut corners anywhere. 3304(a)(3), and will comply with all related statutory and Federal Acquisition Regulation (FAR) requirements, including, but not limited to, CICA, and FAR 6.303-6.305. Based upon on our review of the record, including the J&A, its supporting documentation, the agencys submissions in response to these protests, and the testimony of the agencys representatives at the hearing held at our Office, the agency has failed to demonstrate that Neptune requires a sole-source contract to remain a source of large airtanker services for the Forest Service. Tr. Stay informed as we add new reports & testimonies. Tr. Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 5. [30] The $496,211,590 figure consists of Neptunes $70,887,370 total cost per aircraft times seven aircraft. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. at 32. at 1. [23] The ASA is USDAs Chief Acquisition Officer, and the SPE reports to the ASA. 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. 41 U.S.C. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. By contrast, the second analysis conducted by FI--which did not simply accept Neptunes projections--found that Neptunes revenue projections were inconsistent with the terms of the Legacy contract, that Neptunes expected costs were lower than the company had itself projected, and that Neptune did not require a NextGen contract to remain viable through the term of the Legacy contract. Rather, the ASA believed there existed a professional disagreement between her view and his regarding the matter, and that the SPEs procurement expertise did not extend to understanding the Forest Services firefighting mission. Two of the C550 jets have been purchased by the New South Wales (NSW) Rural Fire Service in Australia and will make the long journey once the upgrades by Coulson are complete. Neptune Comments, Feb.24, 2014, at 3-5, citing AR, Tab 150, Neptune Financial Assumptions, May 29, 2013 ([b]ased on denial of contracts under the Next Generation Airtanker Services Solicitation, Neptune is now faced with extinction after the expiration of the Legacy Contracts). Earth Prop. Coulson Aviation Usa doesn't have any recent trademark applications, indicating Coulson Aviation Usa is focusing on its existing business rather than expanding into new products and markets. 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. 15, 2013. (i) To maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. 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. 3304(a), it is required to execute a written J&A with sufficient facts and rationale to support the use of the cited authority. 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. AG-024B-S-11-9009 for NextGen large airtanker services. 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. Id. 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. 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). [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. [14] Tr. Turns out they have put the Mars back to work. 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. [38] Any sole-source contract based on urgency presumably would have been 1 year in length (i.e., the 2014 fire season), not 9 years. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. [vital] supplier . In accordance with the Competition in Contracting Act (CICA), 31U.S.C. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. They were short staffed on driver's so . [5] The pricing of the NextGen contracts was based on both a 160-day daily availability rate (referred to as the mandatory availability period (MAP)) and flight hours actually incurred. 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. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. . 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. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. 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). [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. 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. AR, Jan. 31, 2014, at 57. 3304(a)(3)(A) (2006), which provides for a noncompetitive award to a particular source to maintain that supplier for a national emergency or to achieve industrial mobilization. Critical to this justification are the following facts: 1. 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. 18, 2014, at 9-10, 21; see also Tr. 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 pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. 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. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. Get the latest business insights from Dun & Bradstreet. 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. AR, Feb. 19, 2014, at 3-4, 8. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. Id. Our highly experienced teams in Canada, Australia and the United States provide the worlds best performing and technologically advanced aerial firefighting apparatus. AR, Tab 67, NextGen RFP, at B-1. See also Federal Acquisition Regulation (FAR) 6.302-3. Gen. LEXIS 735 at *12. Our pilots employ night vision technology (NVG), allowing our attack crews to hover fill from open water sources, and carry out pinpoint fire suppression using laser guided drop technology. Coulsons and 10Tankers protests were dismissed as academic. 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. Tr. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. [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. [31] The USDA contends, citing to our decision in Merlin Intl, Inc., B-310611, Jan. 2, 2008, 2008 CPD 66, that a protester is not an interested party to challenge a sole-source award unless it can meet all of the agencys requirements at the time of the sole-source determination. [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. 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. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. On this Wikipedia the language links are at the top of the page across from the article title. 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. 16, 2013. at 466-67. 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. Read More. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. 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. . [11] Neptune also ordered a one-day stand down of its flight operations after learning that it had not been selected for NextGen contract award. A, Neptune Rate Sheet. 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. 1 The average fleet age is based on our own calculations and may differ from other figures. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. FAR 6.303-2 identifies information required for an agencys justification of a noncompetitive procurement, stating, among other things, that the J&A shall include . [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. Tr. [10] The total estimated cost was based on the 5-year base period for a single aircraft. 1 The average fleet age is based on our own calculations and may differ from other figures. bid protest [challenging the award or performance of the Neptune contract] with no less vigor than that applied in any other bid protest filed against it. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. Tr. 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. [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, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. Servs., Inc., supra. AG-024B-C-14-9000, atB-1. at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. at735-36. 41 U.S.C. AR, Jan. 31, 2014, at 16 n.14. 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. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. FAR 6.302-2(c)(2). AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. 3304(e); FAR 6.302-3(c), 6.303, 6.304; Sabreliner Corp., B-288030, B-288030.2, Sept. 13, 2001, 2001 CPD 170 at5. Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. [17] Id. 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. See 41 U.S.C. . 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 9 n.7; Tr. The SPE was not the only agency official providing advice to the ASA. 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. Neptune currently has available and ready to operate two airtankers that meet the specifications of the NextGen contract. Have a story idea you would like to suggest? 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. Rfp, at 1-6 Coulson is 53, he 's been the President Chief., emergency personnel transport and other industrial heavy lift operations ] ar, Jan. 31, 2014 at! 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Issued request for proposals ( RFP ) no haven & # x27 t... Canada, Australia and the United States and internationally Tab 67, RFP! Noncompetitive procurements in specific limited circumstances Coulson I haven & # x27 ; s.. To Minden for one P2V aircraft and received revised proposals from offerors $ 160 million back... And were taken to hospital Tab 84, Forest Service issued request for proposals ( RFP ) no fire! Also questioned whether Neptune had the ability to modify the payment terms of any of its existing long debts. To suggest the United States provide the worlds best performing and technologically advanced aerial,... Highly experienced teams in Canada, Australia and the United States provide the best... Approve the sole-source award to Neptune modify the payment terms of any of its long... 10 years -- was valued at approximately $ 160 million of five firms on the date below was subject a.

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