FI also found that Neptune had based its revenue projections for the same period on the use of seven P2V aircraft, rather than six P2V and one BAe-146 aircraft (and the higher BAe-146 rates) as specified by the terms of the Legacy contract. Coulson Aviation is the first company in the world to convert Boeing's 737 commercial airliners into FireLiner tankers. See 31 U.S.C. 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. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. Tr. 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. As detailed above, the agency had two financial analyses of Neptune conducted after the company alleged it would go out of business without a NextGen contract award. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. 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. Id. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. On its third mission, it took off at 3:32 pm. See also Federal Acquisition Regulation (FAR) 6.302-3. 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. 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. 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. 4 C.F.R. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). On this Wikipedia the language links are at the top of the page across from the article title. at 657-693. In my time with Coulson I haven't seen them skimp or cut corners anywhere. 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. 3301(a)(1). [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. See 41 U.S.C. 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 . Coulson Aviation Australia | 3,766 followers on LinkedIn. These protests followed publication of the sole-source award to Neptune in FedBizOpps. 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. at 45. 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. . For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. at 658. . OTC Markets executives and other stock owners filed with the SEC include: Track performance, allocation, dividends, and risks, Annotate, download XLSX & look up similar tables, Filter, compare, and track coins & tokens, Stocks and cryptocurrency portfolio tracker. [21] AR, Tab 29, FI Financial Analysis, Aug. 2, 2013, at1. 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. at657-693. 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). [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. There are 6 older and 13 younger executives at OTC Markets. fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, Today News Australia - Night Firefighting (https://youtu.be/7_2ip6H7rsQ). Earth Prop. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. A noncompetitive contract was awarded to Neptune on December12. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. [10] The total estimated cost was based on the 5-year base period for a single aircraft. Age. at735-36 (the agency plans to conduct additional competitions in the coming years under which Neptune would be eligible to compete and could receive awards). First, RUSs conclusion, that Neptune needed a NextGen contract to remain viable, was based entirely on unverified financial projections as provided by Neptune. However, changing its focus during the course of the protests, the agency has also argued that its actual concern is whether it could obtain sufficient NextGen airtankers for the 2014 fire season. 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. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. Your email address will not be published. . 4. Balanced Supply Source It is not clear how a noncompetitive award to Neptune would create a balanced source of supply . 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. Your email address will not be published. 31, 1992, 92-2 CPD 29 at 3-4. 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. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . Consequently, the agency argues, the J&A was not grounded on the agencys belief that Neptune would immediately go out of business without a NextGen contract, but was based on its concern with Neptunes continued availability as a large airtanker supplier after 2017 when its Legacy contract expired. Please refer to the current fleet list to see each aircraft's individual age. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. [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). Quite simply, the existence of a settlement agreement does not permit a contracting agency to act in ways not otherwise permitted by applicable statutes and regulations. On June 3, RUS provided USDA with its financial viability review of Neptune. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media Missouri Mach. They do not include all outstanding orders as reported by aircraft manufacturers. . The second Mars aircraft, Philippine Mars, was repainted in 2015 back to its original dark blue U.S. Navy livery; the plan at that time was for it to fly to its final resting place and be preserved at the U.S. [15] Neptune also submitted various documents (e.g., business plan, historical balance sheets and cash flow statements) with its financial projections. 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). E: cg@coulsongroup.com Consequently, the SPE refused to approve the sole-source award to Neptune. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. [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. 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.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. In this case, we have a competitive field and recently awarded multiple contracts on a competitive basis to five firms from a pool of eight firms that submitted proposals on the solicitation. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. At the end of the first day of the hearing, the GAO hearing official noted that the testimony thus far appeared to support the protesters arguments that the communications between the agency and various offerors were discussions rather than clarifications, as described by FAR 15.306. Neptune would undoubtedly prefer the financial security that would accompany a long-term NextGen contract, but this is simply not the standard by which an agency is permitted to make a noncompetitive award for industrial mobilization purposes. 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. 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. Tr. at 52. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. at 55, 75; AR, Tab 1, FAM Director Declaration, Jan. 28, 2014, at 5. 936 talking about this. at 439-41. [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. 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 . The NextGen large airtankers are intended to replace the Forest Services use of Legacy large airtankers, which are generally much older, slower, and less reliable aircraft. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. 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. AR, Tab 49, J&A, Dec.9, 2013, at 1. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. Tr. 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. The SPE did several things before taking any action on the Forest Services request. 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. [30] The $496,211,590 figure consists of Neptunes $70,887,370 total cost per aircraft times seven aircraft. Aircraft fuel was to be provided by the government or, if contractor-incurred, separately reimbursed. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. 16, 2013. It offers OTC Link Alternative Trading System, an interdealer quotation and trade messaging system; OTC Dealer, a real-time, front-end application that provides consolidated quotation, trading, and information system to attract and access market liquidity; OTC FIX, which uses the industry standard FIX protocol for quote submission, trading, and routing of execution reports; and OTC Link Electronic Communication Networks (ECN) that acts as the executing party on an agency basis in relation to transactions executed on the ECN's platform. Agency Post-Hearing Comments, Mar. 41 U.S.C. NI Indus., Inc., Vernon Div., supra. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. 21.8(d)(1). Interested Party Status of Coulson and Minden. 10 Tanker Protest, Feb. 10, 2014, at120-35. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. A, Neptune Rate Sheet. 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. Naval Aviation Museum in Pensacola, Fla. Those plans fell through, but the plane may still find its way to a museum. 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. Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. See Sabreliner Corp., supra. [36] Neptune and USDA reason that because Neptune currently has no contract in place for large airtanker services after 2017, this demonstrates that Neptune cannot remain viable after 2017. at 691, 696. 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. 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. 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. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. "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. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. Id. The SPE also engaged FI Consulting, an external auditing firm, to perform an independent financial viability analysis of Neptune. [A]n independent financial review revealed that Neptune has the financial capacity to operate and continue to supply planes under the current contract with no further contract awards. Gen. LEXIS 735 at *12. 3304(a). Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. at 32. Competition encourages innovation and lower prices. 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. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. Tr. 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. Turns out they have put the Mars back to work. Coulson and Minden respond that they are interested parties to protest here because they have a direct economic interest that would be affected by the award of a sole-source contract to Neptune. 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. The Forest Service also made a Legacy contract award to Minden for one P2V aircraft. Specifically, the protesters argue that: (1) Neptune is not a vital supplier such that the large airtanker industrial base can be maintained without resorting to noncompetitive procurements; and (2)Neptune does not require a sole-source contract to remain a source of large airtankers. . . Thereafter, the agency decided to take corrective action by reopening the competition. 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. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. We find it both premature and unreasonable for USDA to determine that Neptune requires a sole-source contract now in order to maintain Neptune as a source of large airtanker services after 2017. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. 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. Tr. We will sustain a protest, however, where an agencys J&A fails to demonstrate that it is in fact necessary to award a contract to a particular source for industrial mobilization purposes. Winglets installed 2008. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. . The protesters contend that the sole-source award to Neptune was improper, insofar as the agency promised to enter into the contract in exchange for Neptune withdrawing its protests of the NextGen contract awards. AR, Jan. 31, 2014, at 32. . 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. 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 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. 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. [Forest Service] also has two firms on the legacy contract that can supply planes. See FAR 6.304(a)(3). AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. . R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. [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. [29] The J&A also stated that no other sources had expressed interest in this acquisition, but then acknowledged the agency had made no effort to solicit responses from any other sources before making its determination. It returned to the same airport at 1:26 pm. DOCUMENT FOR PUBLIC RELEASE In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. 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. | Overview Coulson . It was retired by Southwest in August 2017, and transferred to Coulson Aviation later that month. 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. AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. Spe and her staff familiarized themselves with the NextGen procurement and the Forest Email! Research, competitor Information, July12, 2013 list to see each aircraft & # x27 ; t seen skimp... Was to be provided by the government or, if contractor-incurred, separately reimbursed number of questions to the.. Of OTC Markets replies Media Missouri Mach is not clear how a award... Taking any action on the Legacy contract award to Minden for one aircraft... Evaluation of initial proposals, the agency submitted a number of questions to the current fleet to! 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