Tr. Test Registration. [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. In a Coulson Aviation media release from Aug. 14, the company said: Since 2009 we have pioneered various intelligence programs focused on creating additional accountability and value for government agencies. at 4-5. Id. [13] The FAM is the Forest Service program office that determines what aviation resources are needed to fulfill the agencys firefighting mission. 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. 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. 6. 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. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. at 658. [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. 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. [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. at 691, 696. Coulson Aviation is the first company in the world to convert Boeing's 737 commercial airliners into FireLiner tankers. AR, Feb. 19, 2014, at 17. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. The aircraft was the 2762nd 737 built, and was delivered new to Southwest Airlines in November 1995. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . 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. [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). We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. While it was conducting the NextGen large airtanker procurement, the Forest . 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. Coulson Aviation puts employee and Aircraft safety as Job 1. [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. 4 C.F.R. There are 6 older and 13 younger executives at OTC Markets. . [10] The total estimated cost was based on the 5-year base period for a single aircraft. [33] Id. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. 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. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. 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. Critical to this justification are the following facts: 1. Tr. AR, Tab23, RUS Financial Analysis of Neptune, June 26, 2013, at 1-4. 4890 Cherry Creek Road Port Alberni, B.C. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. 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. 18, 2014, at 5. In my time with Coulson I haven't seen them skimp or cut corners anywhere. Winglets installed 2008. See also Federal Acquisition Regulation (FAR) 6.302-3. at 657-693. Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. N619SW, operated by Coulson Aviation, departed from Busselton Airport south of Perth on Australia's west coast at 15:32 local time today. . Missouri Mach. [1] On November30, 2011, the Forest Service issued request for proposals (RFP) No. at 2, 4. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. 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. Tr. Naval Aviation Museum in Pensacola, Fla. Those plans fell through, but the plane may still find its way to a museum. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. at 735; Agency Post-Hearing Comments, Mar. [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. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. [11] AR, Tab 11, Neptune Email to Contracting Officer, May 9, 2013. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. 15, 2013. [29] Id. Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. See Sabreliner Corp., supra. Global Leaders in Aerial Firefighting Coulson Aviation (Coulson Aircrane Ltd.) is a privately owned family company based in Port Alberni, British Columbia, Canada. Get the latest business insights from Dun & Bradstreet. In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. 3301(a)(1). According to data from FlightRadar24.com, the aircraft climbed to 29,000 feet en route to assist firefighting efforts in the Fitzgerald River National Park. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. . Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. 41 U.S.C. See AR, Tab 54, Contract No. [32] While there is both documentation and testimony suggesting some USDA and Forest Service officials believed the sole-source award here was based on urgency (i.e., having enough large airtankers available for the 2014 fire season, see 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. In a post to Facebook, Coulson Aviation (USA) named captain Ian McBeth, first officer Paul Hudson and flight engineer Rick DeMorgan Jr as the aerial firefighting crew who died in the crash of the . [vital] supplier . Accordingly, on June 21 the Forest Service informed the SPE of the settlement agreement that the agency had entered with Neptune, and requested that she execute a justification and approval (J&A) for the sole-source award. Tr. Consequently, the SPE refused to approve the sole-source award to Neptune. 4. 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. Tr. Canada V9Y 8E9. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. [35] To the extent Neptune now represents a vital source, it is because of its Legacy contract. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. 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. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. No definite plans have been reached to date. Sales Res. The SPE also engaged FI Consulting, an external auditing firm, to perform an independent financial viability analysis of Neptune. 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. 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. Coulson Protest, Feb. 10, 2014, at 55. AR, Jan. 31, 2014, at 16 n.14. [38] Any sole-source contract based on urgency presumably would have been 1 year in length (i.e., the 2014 fire season), not 9 years. The agency anticipates issuing a similar contract modification for the 2014 fire season. Age. 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. The direct supervisors/managers are open door and good listeners. At no time before the J&A was approved were FIs conclusions disputed or shown to be in error. See AR, Jan. 31, 2014, at 55. Based upon on our review of the record, including the J&A, its supporting documentation, the agencys submissions in response to these protests, and the testimony of the agencys representatives at the hearing held at our Office, the agency has failed to demonstrate that Neptune requires a sole-source contract to remain a source of large airtanker services for the Forest Service. 4 C.F.R. 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The J&A stated the following justification for the sole-source award to Neptune: Pursuant to FAR 6.302-3(b) [sic] (i),(ii),(iii) and (vi) [sic], the use of the industrial mobilization exception to the requirement to use full and open competition is appropriate when it is necessary to--(i)[k]eep vital facilities or suppliers in business or make them available in the event of a national emergency; (ii) prevent the loss of a suppliers ability and employees skills; (iii) maintain an acceptable balance of sources; and (vi) [sic] provide for an adequate industrial base by dividing the supply among two or more contractors. 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). Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. [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. The NextGen large airtankers are intended to replace the Forest Services use of Legacy large airtankers, which are generally much older, slower, and less reliable aircraft. . 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. [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). See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. 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). 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. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. The agency justified the solesource award under 41 U.S.C. The SPE was not the only agency official providing advice to the ASA. 2020 The Forest Service also made a Legacy contract award to Minden for one P2V aircraft. 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. 3. in order . 2. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. They were short staffed on driver's so . 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]. 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. 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. 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. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. 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). 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. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. 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. Decisions as to which suppliers should be included in a mobilization base, and which restrictions are required to meet the needs of industrial mobilization, involve complex judgments that are generally left to the discretion of the federal agencies. Coulson's and 10 Tanker's protests were dismissed as academic. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. R. Cromwell Coulson serves as President, Chief Executive Officer, Director of the Company. 21.0(a)(1), 21.1(a) (2013); Cattlemens Meat Co., B-296616, Aug. 30, 2005, 2005 CPD 167 at 2 n.1. Tr. Coulson Aviation Australia currently operates a number of New South Wales Rural Fire Service-owned aircraft andmanages all maintenance and fleet support systems for those RFS aircraft in Australia. Competition encourages innovation and lower prices. 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. 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). AR, Jan. 31, 2014, at 57. at45253. 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. D, 2012 NextGen Contract Award Abstract. Disclaimer. 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. [29] The J&A also stated that no other sources had expressed interest in this acquisition, but then acknowledged the agency had made no effort to solicit responses from any other sources before making its determination. 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. at 597, 615-16. The fourth jet is awaiting delivery. 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. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. 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. [14] Neptune had also previously made an advance payment request of $424,750 under its Legacy contract for cash-flow reasons (i.e., the lack of revenue in advance of the fire season). 001, May 15, 2013, at B-21. . [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. 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 Services long term modernization strategy calls for 18-28 modern large airtankers, the Forest Service is currently dependent upon Legacy large airtankers to meet its needs. 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 the Forest Services request, Neptune provided the agency with the firms financial projections (i.e., expected revenue and expenses) based on various scenarios (e.g., Legacy contract only, Legacy contract plus two 10-year NextGen contracts, etc.). The protesters contend that the sole-source award to Neptune was improper, insofar as the agency promised to enter into the contract in exchange for Neptune withdrawing its protests of the NextGen contract awards. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. AR, Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at 2. [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. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. Tr. 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. 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. & 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 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. 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. 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. Specifically, the ASA stated that he wanted to be sure that we could ensure that the Forest Service would be able to meet its mission of responding to forest fires for the 2014 season. See FAR 6.302-3. 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. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. Are highly experienced attack crews we can fight fires on multiple continents simultaneously Fla. 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