3304(a), it is required to execute a written J&A with sufficient facts and rationale to support the use of the cited authority. [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--. Tr. Get the latest business insights from Dun & Bradstreet. See FAR 6.302-3. [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. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . at 138, 235. The aircraft was the 2762nd 737 built, and was delivered new to Southwest Airlines in November 1995. at 53. A noncompetitive contract was awarded to Neptune on December12. Neptunes Financial Stability - . at 439-41. Save my name, email, and website in this browser for the next time I comment. Our fleet currently features custom designed Hercules C-130s, Sikorsky S-61 helicopters, Boeing Chinook CH-47 helitankers, Sikorsky Black Hawk UH-60 helitankers, and our custom-converted Boeing 737 FireLiner fleet equipped with our proprietary RADS-XXL technology. Experience. Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. 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. AG-024B-C-14-9000, at B-1. [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. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. FAR 6.302-2(c)(2). 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. [20] As a result, Neptunes total revenue projection for its Legacy contract only scenario was $157,043,792, see AR, Tab 23, RUS Financial Analysis of Neptune, June 26, 2013, at 3, while, as set forth above, the total price of Neptunes Legacy contract (as amended) was $185,212,800--an understatement of $28,169,008. 001, May 15, 2013, at B-21. 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. Consequently, the SPE refused to approve the sole-source award to Neptune. Aircraft fuel was to be provided by the government or, if contractor-incurred, separately reimbursed. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. These specific C550s were originally modified and equipped with military fire-control radar, sophisticated infrared cameras, custom instrument panels and law enforcement communication packages. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . 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. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. Disclaimer. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. [33] Id. Interested Party Status of Coulson and Minden. Similarly, when considering alternative sources and the market research regarding such sources, the J&A states that [t]here are no certified [large airtankers] currently available that arent already under contract with the Forest Service. Coulsons and 10Tankers protests were dismissed as academic. [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. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. 18, 2014, at7. AR, Tab 67, NextGen RFP, at M-4. 1 The average fleet age is based on our own calculations and may differ from other figures. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). 936 talking about this. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. The adequacy of the rationale and conclusions set forth in the J&A is dependent on the completeness and accuracy of the information included in the J&A. at 464. 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. Tr. (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. We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. What is the salary of R Coulson? [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. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. 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. 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. 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. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. 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. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. Neptunes CEO was quite familiar with the FAM Director and other agency officials, as the CEO had been the Forest Services AQM Director until his retirement in December 2010. In this regard, the protesters claim that the agencys actions have been motivated by the desire to fulfill the terms of a settlement agreement and to avoid a lawsuit by Neptune for allegedly breaching that agreement. . At that time, the request for approval of the J&A was elevated to the ASA, a level above the SPE within the agencys hierarchy. Tr. 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. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. . 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. 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. 41 U.S.C. . Tr. [23] The ASA is USDAs Chief Acquisition Officer, and the SPE reports to the ASA. Earth Prop. 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. 16, 2013. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. AR, Tab54, Neptune Contract No. Tr. By August 2, FI completed its assessment of Neptunes financial viability. Coulson Aviation Australia | 3,766 followers on LinkedIn. See Tr. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. Its the GODs way of saying with 2020 & the Fires that the Martin Mars are meant to be made Fight Worthy and show the Flames how the Big Girls do it RIGHT!!!!! 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. 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 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. at 457. The SPE was not the only agency official providing advice to the ASA. Tr. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. at 471-73. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, Today News Australia - Night Firefighting (https://youtu.be/7_2ip6H7rsQ). 3301(a)(1); FAR 6.101. at127-29, the agency decided not to override the stay. Tr. The Forest Services procurement of NextGen airtanker services has a long and contentious history. E: cg@coulsongroup.com Turns out they have put the Mars back to work. 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. Specifically, in making her recommendation the SPE stated as follows: General Public policy, the Competition in Contracting Act, and the FAR promote competition to ensure a fair playing field for firms interested in doing business with the Federal government. 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). AR, Feb. 19, 2014, at 3-4, 8. AR, Tab 49, J&A, Dec.9, 2013, at 1. 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. Competition encourages innovation and lower prices. 3553(d)(3)(A), Neptunes protest triggered a stay of the NextGen contract awards pending our resolution of the protest. 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. 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. The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. Tr. . OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. . Tr. 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. Coulson's and 10 Tanker's protests were dismissed as academic. [t]o maintain a . [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. As the only aerial firefighting company operating both fixed-wing aircraft and Type 1 helicopters, Coulson Aviation (USA) Inc. is fully equipped to carry out aerial firefighting across the globe. The agency justified the solesource award under 41 U.S.C. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. at 597, 615-16. The decision issued on the date below was subject to a GAO Protective Order. SYDNEY, AUSTRALIA - JANUARY 27: Wayne Coulson, CEO of Coulson Aviation looks on during a press conference at the NSW Rural Fire Service Headquarters, Sydney Olympic Park on January 27, 2020 in Sydney, Australia. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. 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. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. The NRE Undersecretary emphasized the importance of large airtankers for wildland firefighting and the Forest Services need for additional airtankers, particularly with regard to the 2014 fire season. . 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. at 6-7. A, Neptune Rate Sheet. Agency Post-Hearing Comments, Mar. 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. at480. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. & 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. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. They do not include all outstanding orders as reported by aircraft manufacturers. Coulson Protest, Feb. 10, 2014, at 55. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. 3301(a)(1). Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. 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. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. 21.0(a)(1), 21.1(a) (2013); Cattlemens Meat Co., B-296616, Aug. 30, 2005, 2005 CPD 167 at 2 n.1. 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. 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. [3] The NextGen solicitation was intended to be the primary, but not the only, means by which the Forest Service met its modernization strategy goal of 18-28 modern large airtankers. Tr. 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. See Hearing Transcript (Tr.) Tr. 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. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. 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. [14] Tr. Canada V9Y 8E9. 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). and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). First, RUSs conclusion, that Neptune needed a NextGen contract to remain viable, was based entirely on unverified financial projections as provided by Neptune. 18, 2014, at 9-10, 21; see also Tr. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. Estimated reading time 5 minutes, 20 seconds. 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. 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. 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. 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. at45253. 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. Tr. Tr. All rights reserved. File: B-409356.2; B-409356.3; B-409356.4; B-409356.5; B-409356.6. Id. 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. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. 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. Your email address will not be published. Coulson Group April 10, 2022. 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. 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. 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. The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. 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. 1 The average fleet age is based on our own calculations and may differ from other figures. 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). The agency anticipates issuing a similar contract modification for the 2014 fire season. [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. Here, the Forest Services description in its J&A of its noncompetitive requirements, as well as its consideration of alternative sources of supply, is inaccurate. . Tr. . [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. 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. 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. 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. 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. 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