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Get both those planes back in the air and putting out the US Fires. . in order . Estimated reading time 5 minutes, 20 seconds. 3. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. 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. Although the J&A documents the agencys belief that Neptune is, presently, a vital supplier of large airtanker services under Neptunes Legacy contract,[35] the J&A is devoid of evidence or analysis supporting the need to provide Neptune with a sole-source award for the firm to remain a viable source of supply. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. On June 3, RUS provided USDA with its financial viability review of Neptune. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. 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. Overview. 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. Balanced Supply Source It is not clear how a noncompetitive award to Neptune would create a balanced source of supply . 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. [35] To the extent Neptune now represents a vital source, it is because of its Legacy contract. at5556. 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. Tr. 18, 2014, at7. [1] Our decision in Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, B406920.6, B-406920.7, Aug. 22, 2013, 2013 CPD 197, provides additional details concerning the history of this procurement. These protests followed publication of the sole-source award to Neptune in FedBizOpps. 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. One such example was the difference in Neptunes revenue projections detailed above. Required fields are marked *. [19] See FAR 6.304(a)(4). . Tr. The ASA also stated (repeatedly) that his rationale for the sole-source award to Neptune concerned the Forest Services ability to have enough large airtankers available for the 2014 fire season--not the viability of Neptune as a 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. [14] Neptune had also previously made an advance payment request of $424,750 under its Legacy contract for cash-flow reasons (i.e., the lack of revenue in advance of the fire season). 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. These specific C550s were originally modified and equipped with military fire-control radar, sophisticated infrared cameras, custom instrument panels and law enforcement communication packages. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. 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. 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 AG-024B-C-14-9000, atB-1. Gen. LEXIS 735 at *12. Your email address will not be published. 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). However, FI also expressed its opinion to the SPE that Neptune remained viable (without a sole-source award) through the end of its Legacy contract (2017). The company will do the same . See also Federal Acquisition Regulation (FAR) 6.302-3. Id. 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. [8] Neptunes fuel costs were not included in the 2013 Legacy contract rates, as fuel was again to be government-provided or separately reimbursed. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. 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. See Sabreliner Corp., supra. [10] The total estimated cost was based on the 5-year base period for a single aircraft. With our total integrated approach, we are able to provide our customers with a safe, world-class program, 24 hours a day.. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. Tr. . Id. at 597, 615-16. These firms are building both capacity and employees skills. 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. See FAR 6.304(a)(3). . AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. They were short staffed on driver's so . [28] In fact, at the hearing conducted by our Office, the ASA testified that the financial analysis conducted by FI led [USDA] to an understanding that Neptune would not go out of business. Tr. 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. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. [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). [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. [11] AR, Tab 11, Neptune Email to Contracting Officer, May 9, 2013. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. [2] AR, Tab67, NextGen RFP. There are no executives at OTC Markets getting paid more. at 658. Canada V9Y 8E9. The J&A also failed to consider the additional large airtankers that Coulson had offered to make available to the Forest Service. The industrial mobilization exception to competition requirements may be used where an agency determines that it is necessary to award the contract to a particular source . 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. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. Although the Forest Services long term modernization strategy calls for 18-28 modern large airtankers, the Forest Service is currently dependent upon Legacy large airtankers to meet its needs. Last updated: 1 February 2023 at 11:00am EST. Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. 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. N619SW, operated by Coulson Aviation, departed from Busselton Airport south of Perth on Australia's west coast at 15:32 local time today. Tr. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. at 53. 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. 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. They take very good care of their people. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. 16, 2013. 4 C.F.R. Stay informed as we add new reports & testimonies. 31, 1992, 92-2 CPD 29 at 3-4. 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. Tr. 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. No definite plans have been reached to date. All rights reserved. [14] Tr. at 45. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Derek Heyes Photo. 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. 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. "It's going to be a newer generation Skycrane tank," Britt Coulson said, adding that the tank in the Chinook can be removed in a two-hour time period. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 500 Trillium Dr., Unit 23, Kitchener, ON N2R 1E5 | Phone: 519-748-1591 | Toll-Free: 1-866-834-1114 | Fax: 519-748-2537 We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. 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. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. 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. The USDA does not dispute that its consideration of a noncompetitive award to Neptune was motivated by its promise of a sole-source contract in exchange for Neptune withdrawing its bid protest and thereby ending the CICA stay that then precluded the Forest Service from fielding NextGen large airtankers for the 2013 fire season. We will question those decisions only if the evidence shows that the agency has abused its discretion. The protesters should submit their certified claims for costs, detailing the time expended and costs incurred, directly to the contracting agency within 60days after receipt of this decision. Id. 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. On August 26, the Forest Service informed Neptune that the SPE would not approve the sole-source contract contemplated by the parties settlement agreement, insofar as the financial analysis of the additional documents provided by Neptune indicated that the company was financially viable without such a contract. at658), the agency acknowledges that the 9-year, sole-source contract awarded to Neptune was based on the industrial mobilization exception to CICA. D, 2012 NextGen Contract Award Abstract. 001, May 15, 2013, at B-21. Servs., Inc., B-237742, Mar. AR, Feb. 19, 2014, at 3-4, 8. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). at 471-73. at 6-7. at 451-52. Executive Candidate Assessment and Development Program. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. [20] Id. 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. 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 also Federal Acquisition Regulation (FAR) 6.302-3. 1 The average fleet age is based on our own calculations and may differ from other figures. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. at 691. 4890 Cherry Creek Road Port Alberni, B.C. 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. 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. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. [1] On November30, 2011, the Forest Service issued request for proposals (RFP) No. See Ridgeline Indus., Inc., supra; Minowitz Mfg. 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. AR, Tab 144, RUS Email to USDA, June 3, 2013. [9] AR, Tab61, Neptune Legacy Contract Mod. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. The decision issued on the date below was subject to a GAO Protective Order. 7. 27.4 Years. at 5; see York Intl Corp., B-244748, Sept.30, 1991, 91-2 CPD 282 at 4-5 (settlement agreements will not be enforceable if they fail to comply with applicable statutes and regulations). [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. [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. Nothing in the record refutes FIs conclusions, nor is there any evidence to suggest that Neptune intends to go out of business now merely because its future prospects appear uncertain. . 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. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. [17] Id. By August 2, FI completed its assessment of Neptunes financial viability. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . AR, Jan. 31, 2014, at 16 n.14. [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. We find Coulson and Minden (and 10 Tanker) to be interested parties to challenge the reasonableness of the agencys sole-source award to Neptune for industrial mobilization reasons, as the protesters all have a direct economic interest that would be affected by the award of such a contract. 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). 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. 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. Its also the only large airtanker capable of carrying 63 firefighters to a fire without the need to reconfigure the cabin providing support, speed and flexibility to fires. Disclaimer. Tr. It returned to the same airport at 1:26 pm. After taking on a new retardant load, it took off at 1:50 pm for the second mission. at 464. 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. AR, Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at 2. Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. [Forest Service] also has two firms on the legacy contract that can supply planes. Coulson Aviation puts employee and Aircraft safety as Job 1. 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. 4890 Cherry Creek Road Port Alberni, B.C. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. Coulson Aviation Australia | 3,766 followers on LinkedIn. 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. Accordingly, while the J&A may demonstrate that the Forest Service needs more large airtanker services than it currently has under contract, the J&A completely fails to demonstrate that Neptune must be the supplier of such services or that Neptune currently requires a 9-year sole-source contract to keep it in business as a vital supplier for the agencys post-2017 needs. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. [17] The RUS later prepared a more formal response regarding Neptunes financial stability, but again, merely accepted the financial projections as submitted by Neptune without determining their validity. On May 6, the Forest Service announced its intent to make the following awards: AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. Our teams pride themselves on operating safely and efficiently, with the ability to handle intense pressure in the most extreme firefighting theatres on earth. The SPE did several things before taking any action on the Forest Services request. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . Agency Post-Hearing Comments, Mar. 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. 18, Neptune Legacy contract Mod 2023 at 11:00am EST Neptune J &,... 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