Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. 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. As stated above, 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. 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). While it was conducting the NextGen large airtanker procurement, the Forest . NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 5. T: (250) 724-7600 F: (250) 723-7766. 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. There are no executives at OTC Markets getting paid more. On June 3, RUS provided USDA with its financial viability review of Neptune. AG-024B-C-14-9000, atB-1. "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. 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. Id. 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. 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. Specifically, the J&A describes the services to be provided by Neptune as two NextGen large airtankers for up to 9 years, at a total estimated value of $141million. Only supported aircraft types that are active with this airline are included in the calculations. at 1. Tr. AR, Tab23, RUS Financial Analysis of Neptune, June 26, 2013, at 1-4. 18, 2014, at 5. E: cg@coulsongroup.com 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). With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. 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. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. 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. 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. . To the extent the agency believed an urgent need for large airtanker services would justify a noncompetitive 9-year contract, there is no analysis or explanation in the record demonstrating that this is so.[38]. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. Wildland Fire Management: Improvements Needed in Information, Collaboration, and Planning to Enhance Federal Fire Aviation Program Success, GAO-13-684, Aug. 20, 2013, at 6. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). 29 Sep 1995. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. Just as an agency is not permitted to make a noncompetitive award that exceeds the size or duration of an identified urgency, see FAR 6.302-2(d), an agency is also not permitted to make a noncompetitive award for industrial mobilization reasons where, as here, there has been no showing that the award is presently necessary to maintain a supplier even if deemed vital. [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--. No definite plans have been reached to date. 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]. Tr. The protesters argue that the sole-source contract awarded to Neptune, which was promised in exchange for Neptune's withdrawal of an earlier bid protest, is not justified. 3304(a)(3), and will comply with all related statutory and Federal Acquisition Regulation (FAR) requirements, including, but not limited to, CICA, and FAR 6.303-6.305. Mr. Coulson is responsible for the Companys overall growth and strategic direction and has led the transformation of the company into an operator of regulated financial markets for U.S. and global companies. Boeing 737-3H4. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. [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. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. in order . [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. Planespotters.net 2023. Id. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. at 700. A, Neptune Rate Sheet. at 657-693. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. 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. In addition to its current Legacy contract (including options for more airtankers being placed under the Legacy contract), Neptune is not precluded from competing on work--Forest Service or otherwise--in the coming years. 3. Purchasing six Boeing 737-300s from Southwest Airlines back in 2017, Coulsons B737 FireLiner is now operational and has fought fires in Australia and the U.S. with great success. Prior to OTC Markets Group, he was a trader and portfolio manager at Carr Securities Corporation, an institutional broker-dealer and market maker. They take very good care of their people. Tr. bid protest [challenging the award or performance of the Neptune contract] with no less vigor than that applied in any other bid protest filed against it. 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). 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. 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. 16, 2013. The agency justified the solesource award under 41 U.S.C. See Tr. The Forest Service will oppose any . The SPE also engaged FI Consulting, an external auditing firm, to perform an independent financial viability analysis of Neptune. 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. Id. Required fields are marked *. Moreover, had the agency used this separate authority as the basis for its noncompetitive contract award, the agency would have been required to request offers from as many potential sources as is practicable under the circumstances. at 4. 4890 Cherry Creek Road Port Alberni, B.C. However, FI also expressed its opinion to the SPE that Neptune remained viable (without a sole-source award) through the end of its Legacy contract (2017). at 536. 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. Aircraft fuel was to be provided by the government or, if contractor-incurred, separately reimbursed. T-137 was purchased in May 2019 by . See 41 U.S.C. . [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. We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. Have a story idea you would like to suggest? 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. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). AR, Tab66, USDA Email to GAO, Sept. 6, 2012. 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. [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. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . The Forest Services procurement of NextGen airtanker services has a long and contentious history. [29] Id. Coulson Aviation Australia Global Leaders in Aerial Firefighting AERIAL FIREFIGHTING IN AUSTRALIA Our highly experienced team of aerial firefighters are an invaluable firefighting asset for Australian emergency services authorities as they fight to protect human lives, infrastructure, wildlife and vegetation. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. The J&A also failed to consider the additional large airtankers that Coulson had offered to make available to the Forest Service. 5. at 451-52. Competition encourages innovation and lower prices. 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. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. 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. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. By August 2, FI completed its assessment of Neptunes financial viability. Neptune currently provides eight of nine Legacy airtankers (this includes the two BAe-146 aircraft provided by Neptune for the 2013 fire season). 18, 2014, at 9-10, 21; see also Tr. 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. They do not include all outstanding orders as reported by aircraft manufacturers. at79-80. During a visit by Skies to the water bomber base at Sproat Lake, B.C., two of the four Hawaii Mars engines were receiving maintenance. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. AR, Jan. 31, 2014, at34-54. Experience. Overview. Tr. Stay informed as we add new reports & testimonies. at 4-5. Tr. 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. 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. . The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. Coulsons Port Alberni facility is also busy converting another one of its 737-300s into the B737 FireLiner. Noncompetitive awards should be limited to only what is needed to achieve the objective, in this case to maintain a vital source of supply . [1] On November30, 2011, the Forest Service issued request for proposals (RFP) No. at127-29, the agency decided not to override the stay. 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). [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. AR, Jan. 31, 2014, at 16 n.14. AR, Jan. 31, 2014, at 9 n.7; Tr. The SPE had several conversations with the ASA in which she recommended that he not approve the J&A as there was not a valid justification for doing so. at 53. We find the J&A to be incomplete and inaccurate in certain key regards. [33] In fact, the agency acknowledges that [t]he record demonstrates Neptune did not represent to the Forest Service, that it would immediately go out of business without a NextGen contract. AR, Feb. 19, 2014, at 5 (emphasis in original). 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. At no time before the J&A was approved were FIs conclusions disputed or shown to be in error. Download VCard. Tr. In my time with Coulson I haven't seen them skimp or cut corners anywhere. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. 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. Shortly thereafter the Forest Service modified Neptunes Legacy contract and added an additional BAe-146 aircraft for the 2013 fire season at a total estimated price of $4,960,200. End of Chile Aerial Firefighting Season 2022. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. Boeing 737-3H4 (WL) First Flight. Tr. R. Cromwell Coulson serves as President, Chief Executive Officer, Director of the Company. [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. In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. . 2. Tr. 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. Canada V9Y 8E9. All rights reserved. [19] See FAR 6.304(a)(4). LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. 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). The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. [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. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. . The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. 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. . FAR 6.302-3(a)(2)(i). 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. fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, Today News Australia - Night Firefighting (https://youtu.be/7_2ip6H7rsQ). Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. 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. Tr. In fact, there is simply no record--in the J&A or otherwise--of any assessment by the agency of Neptunes long-term viability. [21] AR, Tab 29, FI Financial Analysis, Aug. 2, 2013, at1. 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. Even assuming all seven NextGen airtankers are available to fight fires in 2014, the Forest Service still will have only 16 [large airtankers], which is two [large airtankers] fewer than the minimum needed to fulfill its firefighting mission. . 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. T: (250) 724-7600 F: (250) 723-7766. 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. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. The Forest Service is not confident that five of the seven contracted NextGen airtankers will be available to fight fires in 2014. 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 SPE did several things before taking any action on the Forest Services request. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. With our total integrated approach, we are able to provide our customers with a safe, world-class program, 24 hours a day.. The record shows, however, that the contract subsequently awarded to Neptune included the option of five additional large airtankers, for up to 9 years each, at a total estimated value of approximately $496 million--more than three times greater than what was approved. These assertions, however, ignore the possibility or likelihood of Neptune acquiring additional work over the course of the next 4years. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. at480. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. at 138, 235. AR, Tab54, Neptune Contract No. 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. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. 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. Airtankers (of various sizes) are but one type of aviation resource used by the Forest Service to perform fire suppression missions; other assets include helicopters, aerial supervision fixed-wing aircraft, smokejumper aircraft, heat-detecting infrared aircraft, and water scoopers. FI found that the fundamental difference was that RUS had solely relied on Neptune-provided financial projections while FI had had access to a wider range of information that allowed it to develop its own projections. The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. 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. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. Servs., Inc., supra. In 2017, the number of [large airtankers] under contract to the Forest Service will decrease from 16 to 7, with the expiration of the Legacy contracts, unless additional NextGen airtankers are procured from the current NextGen contractors. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. Executive Candidate Assessment and Development Program. 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. [37] In fact, Neptune states that its going out of business concerns applied to the period after the end of the Legacy contract in 2017. The Forest Service has determined that based on all the above reasons, it has become necessary to invoke this authority with respect to Neptune Aviation, whose resources and equipment must be available to provide key services if the Forest Service is to successfully fulfill its mission. 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 Forest Service also made a Legacy contract award to Minden for one P2V aircraft. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. Save my name, email, and website in this browser for the next time I comment. [24] The SPE testified that, in the meetings she attended, she heard no rationale advanced for a sole-source award to Neptune that she had not previously considered, and no rationale that she believed properly justified such an award. 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