On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. 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. Tr. Thereafter, the agency decided to take corrective action by reopening the competition. AR, Tab 56, Neptune Legacy Contract, at B-2. For example, shortly before or after filing its protest, Neptunes CEO told the FAM Director that the company had made a significant investment in modern large airtankers and would go out of business without a NextGen contract award. Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. 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. The fourth jet is awaiting delivery. 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. There are no executives at OTC Markets getting paid more. [31] The agency points to the fact that the NextGen contracts include exclusive-use restrictions, such that the large airtankers that Coulson and Minden each already have under NextGen contract cannot also be offered to meet additional agency requirements. Earth Prop. See Hearing Transcript (Tr.) 4890 Cherry Creek Road Port Alberni, B.C. 41 U.S.C. Coulson Aviation puts employee and Aircraft safety as Job 1. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. File: B-409356.2; B-409356.3; B-409356.4; B-409356.5; B-409356.6. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. Learn more about our Night Aerial Firefighting here. at79-80. 18, 2014, at 9-10, 21; see also Tr. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. 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). at 691, 696. [10] The total estimated cost was based on the 5-year base period for a single aircraft. Our teams pride themselves on operating safely and efficiently, with the ability to handle intense pressure in the most extreme firefighting theatres on earth. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. Tr. The company also provides OTC Markets Real-Time Data products that provides quote, trade, and reference data for OTC Link ATS; OTC Markets Pricing and Reference Data products for detailed view into the securities and issuers within the OTC market; and compliance data products. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media Id. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. Boeing 737-3H4 (WL) First Flight. 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. . [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). See Agency Post-Hearing Comments, Mar. See FAR 6.302-3. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. 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. 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. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . Tr. . There are no executives at OTC Markets getting paid more. For example, our Office upheld a protest of a solesource award where an agency justified its failure to conduct a full and open competition on the basis that it had entered a settlement agreement promising the award of a contract in exchange for abandoning a threatened contract claim. E: michael.strain@bowmanslaw.com. [18] The settlement agreement specified that the contract to be awarded to Neptune would be the same duration as the NextGen contract awards (i.e., a 5-year base period with five 1-year options). These protests followed publication of the sole-source award to Neptune in FedBizOpps. 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. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. T: +255 76 898 8640. 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. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . Get both those planes back in the air and putting out the US Fires. OTC Markets Group Inc. engages in the financial market business in the United States and internationally. Disclaimer. Accordingly, while the agency contends that the J&A did not rely on the FI financial analysis to assess Neptunes long-term viability, neither did the agency rely on any other information when making such an assessment. (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. 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. It was retired by Southwest in August 2017, and transferred to Coulson Aviation later that month. Built as. On 6 February 2023, at 12:08 pm, the aircraft involved took off from the Busselton Margaret River Airport on the first of three missions that day to respond to a fire near Hopetoun. [3] Most of the Legacy large airtankers relied on by the Forest Service are P2V aircraft, which have an average age of more than 50 years. 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. & 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. 1 The average fleet age is based on our own calculations and may differ from other figures. . 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. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. at 52. 7. 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. Overview. 4. Derek Heyes Photo. FAR 6.302-2(c)(2). 21.8(d)(1). Tr. at 4-5. [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. Id. Servs., Inc., B-237742, Mar. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. at 1. 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. [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . Save my name, email, and website in this browser for the next time I comment. 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. Estimated reading time 5 minutes, 20 seconds. Id. 27.4 Years. at657-693. See FAR 6.304(a)(3). . Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. NI Indus., Inc., Vernon Div., supra. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. . As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. E: cg@coulsongroup.com In addition, it offers OTC Disclosure & News Service for publishing and distributing data, news, and financials; Real-Time Level 2 Quotes that gives investors access to real-time bid- ask information and depth of book; Blue Sky Monitoring Service for analysis, review, and guidance about a company's compliance with the United States securities laws; and Virtual Investor Conferences, which allows issuers to communicate and engages with investors, as well as operates the OTCQX Best Market OTCQB Venture Market, and Pink Open Market. Minden Protest, Feb.10, 2014, at 2-3. Tr. Net Profit : Trademark Applications . 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). 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. 3301(a)(1). In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. 3. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. at 138, 235. As noted above, no reasoned analysis has been presented to support a determination that a 9-year, sole-source contract was required to maintain Neptune as a source. 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. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. 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. 4 C.F.R. Tr. Gen. LEXIS 735 at *12. . AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. 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. 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. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. With our total integrated approach, we are able to provide our customers with a safe, world-class program, 24 hours a day.. Tr. . AR, Jan. 31, 2014, at 16 n.14. [39] This is significant because where, as here, an agency proposes to award a sole-source contract under the industrial mobilization exception to the general competition requirements, the amount being ordered must meet--not exceed--the objectives of this authority. The Forest Service is not confident that five of the seven contracted NextGen airtankers will be available to fight fires in 2014. Interested Party Status of Coulson and Minden. [t]o maintain a . They hire quality people to ensure they stay a quality Company. 15, 2013. 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 . 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). See Sabreliner Corp., supra. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. See Tr. By contrast, Neptune did not provide any detail with its cost projections to RUS, so it is unclear if fuel is included, or if government reimbursement is considered. Id. AR, Jan. 31, 2014, at34-54. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. 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. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. [30] The $496,211,590 figure consists of Neptunes $70,887,370 total cost per aircraft times seven aircraft. Coulson Group April 10, 2022. 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. 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. Tr. First, RUSs conclusion, that Neptune needed a NextGen contract to remain viable, was based entirely on unverified financial projections as provided by Neptune. 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. . Required fields are marked *. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. In my time with Coulson I haven't seen them skimp or cut corners anywhere. 18, 2014, at 28. Tr. [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. AR, Jan. 31, 2014, at 9. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. 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. | Overview Coulson . 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). 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. at 4. This redacted version has been approved for public release. See Ridgeline Indus., Inc., supra; Minowitz Mfg. 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. Boeing 737-3H4. Stay informed as we add new reports & testimonies. 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. 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. Coulson Aviation is the first company in the world to convert Boeing's 737 commercial airliners into FireLiner tankers. Coulson points to the fact that in October 2013 it offered to provide the Forest Service with two additional large airtankers under the NextGen contract, and argues it would be available and ready to perform by an April28, 2014, start date (as established by the contract awarded to Neptune). 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. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. at 67.[4]. Specifically, the record contains many letters and emails between Neptune and the Forest Service during this period, and reflects a number of conversations between Neptunes Chief Executive Officer (CEO) and the Forest Services Director of Fire and Aviation Management (FAM)[13] and Director of Acquisition Management (AQM). Executive Candidate Assessment and Development Program. Id., 21.8(f)(1). While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. 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. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. Id. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. See FAR 6.3023(b)(iii) (when the quantity required is substantially larger than the quantity that must be awarded in order to meet the objectives of this authority, that portion not required to meet such objectives will be acquired by providing for full and open competition); Honorable Dan Burton, B-265884, Nov. 7, 1995, 1995 U.S. Comp. As a preliminary matter, USDA argues that the Coulson and Minden protests should be dismissed because these protesters are not interested parties. 001, May 15, 2013, at B-21. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. AR, Feb. 19, 2014, at 17. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. A settlement agreement promising award of a contract on a sole-source basis in exchange for abandoning ongoing litigation, such as a bid protest, is not a permissible basis for restricting competition and excluding potential offerors. Tr. Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. Coulsons Port Alberni facility is also busy converting another one of its 737-300s into the B737 FireLiner. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. 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