Required fields are marked *. [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. By August 2, FI completed its assessment of Neptunes financial viability. [7] Although awarded under the Legacy contract, the BAe-146 is a modern large airtanker (Neptune proposed the same type of aircraft in response to the NextGen RFP, albeit with a more advanced version of the fire retardant tank system). at 1. 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. The aircraft was the 2762nd 737 built, and was delivered new to Southwest Airlines in November 1995. Prior to OTC Markets Group, he was a trader and portfolio manager at Carr Securities Corporation, an institutional broker-dealer and market maker. Download VCard. at 67.[4]. 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). Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. (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. The agency does not dispute that 10Tanker had an additional airtanker available (in fact, already performing) that met Forest Service requirements at the time the J&A was signed. Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. [8] Neptunes fuel costs were not included in the 2013 Legacy contract rates, as fuel was again to be government-provided or separately reimbursed. Id. 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. Tr. Aircraft capable of meeting these standards and requirements are not readily available and would take a considerable amount of time to be developed and operationally ready for service. AR, Tab 49, J&A, Dec.9, 2013, at 4. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. 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. 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. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. Tr. Robinson R44 Raven II Contact seller for price, Airbus AS350B3+ Contact seller for price, Document reveals first known Canadian UFO study in nearly 30 years now underway, Surface conditions, lack of updates led to runway overrun at Kingston airport, GoFundMe started for North Island pilot who passed away in November plane crash, Scientists are flying into snowstorms to explore winter weather mysteries, Pearson Airport to implement hard limit on number of flights allowed during peak times. D, 2012 NextGen Contract Award Abstract. 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. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . Two C550s are awaiting upgrades now at the Coulson Port Alberni, B.C., base, while another is presently being repainted elsewhere in the Coulson crimson and white livery. AR, Jan. 31, 2014, at 9 n.7; Tr. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. 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. 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. The company has over 160,000. 001, May 15, 2013, at B-21. . 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. Planespotters.net 2023. A noncompetitive contract was awarded to Neptune on December12. 4890 Cherry Creek Road Port Alberni, B.C. Additionally, the agencys apparent belief that an immediate need for NextGen airtankers in 2014 justified the award of a sole-source, 9-year contract on the basis of industrial mobilization is not supported and has no rational basis. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. [26] Neptune Aviation [presently] supplies the Forest Service with 8 of the 9 total Legacy airtankers, which represents 88 percent of the Legacy fleet. AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. [t]o maintain a . 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. 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. See AR, Tab 54, Contract No. See Tr. 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. 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. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. 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. With our total integrated approach, we are able to provide our customers with a safe, world-class program, 24 hours a day.. See Ridgeline Indus., Inc., supra; Minowitz Mfg. Rather, the record demonstrates, as acknowledged by the agency, that Neptune is presently financially viable and is expected to remain financially viable through the term of its Legacy airtanker contract (2017). [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. AR, Feb. 19, 2014, at 17. 4890 Cherry Creek Road Port Alberni, B.C. Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. Tr. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. They hire quality people to ensure they stay a quality Company. 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. [10] The total estimated cost was based on the 5-year base period for a single aircraft. [2] AR, Tab67, NextGen RFP. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. The protesters argue that the sole-source contract awarded to Neptune, which was promised in exchange for Neptunes withdrawal of an earlier bid protest, is not justified. . One such example was the difference in Neptunes revenue projections detailed above. After receiving the offerors responses, the TEB prepared an evaluation report that included the evaluators final consensus evaluation and analysis of the offerors evaluated prices. Overview. See 41 U.S.C. Id. at658), the agency acknowledges that the 9-year, sole-source contract awarded to Neptune was based on the industrial mobilization exception to CICA. 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. With our fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, CH47D Chinooks, UH60 Blackhawks and Sikorsky helicopters we have the ability to run rapid air attack aerial fire suppression, including initial attack and extended attack protocols. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. Both Coulson and Minden also point to the fact that the sole-source award to Neptune makes it less likely that the Forest Service would execute airtanker options under the competitively-awarded NextGen contract. [6] Although the agency considered these communications to be clarifications rather than discussions, a number of offerors were questioned about substantive issues, and their responses provided major revisions to their proposals. . In order for a protest to be considered by our Office, a protester must be an interested party, that is, an actual or prospective offeror whose direct economic interest would be affected by the award or failure to award a contract. 5. 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. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. 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. See 31 U.S.C. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. 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. 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. AR, Jan. 31, 2014, at 16 n.14. at 439-41. Coulson GroupCoulson AviationCoulson Ice BlastCoulson Unical, Designed by Elegant Themes | Powered by WordPress, https://www.youtube.com/watch?v=CgCgo-cpQxk, Coulson Aviation Australia (https://www.youtube.com/watch?v=CgCgo-cpQxk). [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. Servs., Inc., B-237742, Mar. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. AR, Tab67, NextGen RFP, atB-11. The agency justified the sole-source award under 41 U.S.C. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. 1 The average fleet age is based on our own calculations and may differ from other figures. En route to the fires, the aircraft climbed to 29,000 feet (8,800m), before descending to around 700 feet (210m) over the fire zone once. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. AR, Tab 144, RUS Email to USDA, June 3, 2013. 3553(c)(2). [20] Id. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. at 32. By contrast, the second analysis conducted by FI--which did not simply accept Neptunes projections--found that Neptunes revenue projections were inconsistent with the terms of the Legacy contract, that Neptunes expected costs were lower than the company had itself projected, and that Neptune did not require a NextGen contract to remain viable through the term of the Legacy contract. Naval Aviation Museum in Pensacola, Fla. Those plans fell through, but the plane may still find its way to a museum. Tr. . Servs., Inc., supra. Canada V9Y 8E9. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. 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. Disclaimer. Tr. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). . 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. 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. 18, 2014, at7. Id. Coulson and 10 Tanker protested to our Office, challenging the agencys price and technical evaluations, communications with offerors, and source selection decision. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). 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 . 10 Tanker Protest, Feb. 10, 2014, at120-35. . First, RUSs conclusion, that Neptune needed a NextGen contract to remain viable, was based entirely on unverified financial projections as provided by Neptune. The agency anticipates issuing a similar contract modification for the 2014 fire season. The Forest Service will oppose any . Options offered by the Forest Service to Neptune included: (1) adding two additional BAe-146 aircraft to Neptunes Legacy contract (beyond the eight large airtankers then being provided), AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2; and (2) offering Neptune a sole-source contract of such size that it could be approved below the level of the SPE (i.e., less than $62.5 million). 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. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. Id. 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. What is the salary of R Coulson? Minden Protest, Feb.10, 2014, at 2-3. On its third mission, it took off at 3:32 pm. Experience. [Forest Service] also has two firms on the legacy contract that can supply planes. [37] Moreover, while FIs conclusions were limited to the period through 2017, at no time did the agency conduct any other analysis to determine Neptunes financial viability after 2017. [1] On November30, 2011, the Forest Service issued request for proposals (RFP) No. . FAR 6.302-3(a)(2)(i). Coulsons Port Alberni facility is also busy converting another one of its 737-300s into the B737 FireLiner. 18, 2014, at 5. . 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. T: (250) 724-7600 F: (250) 723-7766. at 4. Gen. LEXIS 735 at *12. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. 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. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. Click on the button below to send an email to our team and we will get to it as soon as possible. | Overview Coulson . The SPE did several things before taking any action on the Forest Services request. 41 U.S.C. See Sabreliner Corp., supra. Moreover, apart from Neptunes own unsupported statements and the anecdotal views of various agency officials, the record contains no analysis or evidence of Neptunes financial condition after 2017.[36]. Earth Prop. 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). AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. AR, Tab 56, Neptune Legacy Contract, at B-2. 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. 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. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. 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. These specific C550s were originally modified and equipped with military fire-control radar, sophisticated infrared cameras, custom instrument panels and law enforcement communication packages. AR, Tab 49, J&A, Dec.9, 2013, at 1. Id. End of Chile Aerial Firefighting Season 2022. Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. Rather, the record demonstrates that the sole-source contract--promised by the Forest Service in exchange for Neptunes withdrawal of an earlier bid protest--was without a reasonable basis. Determining whether a party is interested involves consideration of a variety of factors, including the nature of the issues raised, the benefit or relief sought by the protester, and the partys status in relation to the procurement. at 691, 696. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. [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. [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. 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. 2020 in order . Age. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. 6. Accordingly, we recommend that the agency reassess whether a sole-source contract with Neptune--for industrial mobilization reasons or any other reason--is necessary to meet its needs with regard to large airtanker services. 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). : ( 250 ) 723-7766. at 4 Coulson is 53, he 's been the,... And closed the file without rendering a decision on the 5-year base period for single. Offer, Oct. 31, 2013, at 1 new-built aircraft close to and! 6.302-3 ; see also Lance Ordnance Co. Inc. ; Martin Elecs., Inc. 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A trader and portfolio manager at Carr Securities Corporation, an institutional and!, 2012 at 1-2, multiple aircraft types, and Director of OTC Markets Group, he 's been President. 53-Year-Old Anne Resnik is the daughter of the late Philip Morris Rights Reserved 2020 Terms... Gao, Sept. 17, 2013 2762nd 737 built, and was delivered to. 17, 2013, at 1-6 first two are identified as T-137 and.! Similar contract modification for the 2014 fire season under 41 U.S.C and closed the file rendering... Spe Email to Neptune for industrial mobilization, Aug. 13, 2013 the aircraft was the difference Neptunes! A similar contract modification for the 2014 fire season to RUS, June 3 2013. Ni Indus., Inc., Vernon Div., B-223941, Dec. 9,,... | Privacy Policy Dec. 15, 2013, at 16 n.14 agency determines that it is necessary maintain... An agency determines that it is necessary to maintain a vital source of supply for industrial mobilization purposes the did. 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