DOCUMENT FOR PUBLIC RELEASE The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. 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. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. Tr. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. 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.). Tr. We find this argument to be entirely without merit, and the reliance on FAR 6.304(d) misplaced; an accurate description of the services being obtained on a noncompetitive basis is not limited to the options that must be included when determining the J&As approval authority. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. Our fleet currently features custom designed Hercules C-130s, Sikorsky S-61 helicopters, Boeing Chinook CH-47 helitankers, Sikorsky Black Hawk UH-60 helitankers, and our custom-converted Boeing 737 FireLiner fleet equipped with our proprietary RADS-XXL technology. 16, 2013. [10] The total estimated cost was based on the 5-year base period for a single aircraft. Tr. Overview. Its the GODs way of saying with 2020 & the Fires that the Martin Mars are meant to be made Fight Worthy and show the Flames how the Big Girls do it RIGHT!!!!! See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. Neptunes Financial Stability - . [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. Tr. We also recommend that the agency reimburse Coulson, 10 Tanker, and Minden the costs of filing and pursuing their protests, including reasonable attorneys fees. 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. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. 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. See Sabreliner Corp., supra. at 473. 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. 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). 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. 3304(a). 18, 2014, at 9-10, 21; see also Tr. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. 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. 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. . FAR 6.302-3(a)(2)(i). This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. [12] We dismissed Neptunes challenge to the awards related to CLINs 1-3 because Neptune was not an interested party to challenge awards under line items for which it had not submitted a proposal. [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. 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. Stay informed as we add new reports & testimonies. 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). [22] The agency subsequently provided Neptune with copies of both the RUS and FI financial analyses reports. Tr. 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. AR, Jan. 31, 2014, at 9 n.7; Tr. Specifically, the agency contends that Coulson and Minden did not have additional large airtankers available at the time the J&A was signed that would be capable of performing the requirements of the Neptune sole-source contract (which has an April 28, 2014, start date). 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. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. 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. Boeing 737-3H4 (WL) First Flight. 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. Global Leaders in Aerial Firefighting Coulson Aviation (Coulson Aircrane Ltd.) is a privately owned family company based in Port Alberni, British Columbia, Canada. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. . [30] The $496,211,590 figure consists of Neptunes $70,887,370 total cost per aircraft times seven aircraft. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 5. [34] AR, Feb. 19, 2014, at 3-7. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. Tr. [8] Neptunes fuel costs were not included in the 2013 Legacy contract rates, as fuel was again to be government-provided or separately reimbursed. The Forest Service is not confident that five of the seven contracted NextGen airtankers will be available to fight fires in 2014. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. 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. AR, Jan. 31, 2014, at 16 n.14. If the agency reasonably determines that the award of a contract on a sole-source basis to Neptune is necessary for large airtanker services, the agency should execute a properly-reasoned J&A for the sole-source award. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. 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. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. The company has over 160,000. OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. [1] On November30, 2011, the Forest Service issued request for proposals (RFP) No. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. 14, 1990, 90-1 CPD 273 at 4-5, affd, B-237742.2, June 11, 1990, 90-1 CPD 546; Techplan Corp., B-234161, May 12, 1989, 89-1 CPD 452 at 5. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. The agency anticipates issuing a similar contract modification for the 2014 fire season. Disclaimer. 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. In my time with Coulson I haven't seen them skimp or cut corners anywhere. 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. 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. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. See AR, Jan. 31, 2014, at 55. . The second Mars aircraft, Philippine Mars, was repainted in 2015 back to its original dark blue U.S. Navy livery; the plan at that time was for it to fly to its final resting place and be preserved at the U.S. Moreover, Neptune repeatedly informed the Forest Service that Neptune would file a lawsuit against the agency if the agency did not satisfy the terms of the parties settlement agreement. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . AR, Tab66, USDA Email to GAO, Sept. 6, 2012. Required fields are marked *. In fact, the ASA testified that the agency plans to conduct additional competitions in the coming years under which Neptune is eligible to compete and could receive awards. 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. [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. Coulson Aviation Usa doesn't have any recent trademark applications, indicating Coulson Aviation Usa is focusing on its existing business rather than expanding into new products and markets. These specific C550s were originally modified and equipped with military fire-control radar, sophisticated infrared cameras, custom instrument panels and law enforcement communication packages. Tr. 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. As the Australian business arm of global company Coulson Aviation, Coulson Aviation Australia also supports other Australian States with the provision of large aircraft and experienced team members. at 462. As a final matter, in addition to the fundamental lack of support for the J&As premise that Neptune now requires a 9-year sole-source contract in order to maintain the firm in the future as a vital supplier of aircraft, the record reflects that the J&A was premised on materially inaccurate information. Outdoor Venture Corp., B-405423, Oct. 25, 2011, 2011 CPD 241 at 2; Ridgeline Indus., Inc., B-402105, Jan. 7, 2010, 2010 CPD 22 at 3. at 53. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. We will question those decisions only if the evidence shows that the agency has abused its discretion. 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 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 . The agency justified the solesource award under 41 U.S.C. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. at 735; Agency Post-Hearing Comments, Mar. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. | Overview Coulson . See also Federal Acquisition Regulation (FAR) 6.302-3. Your email address will not be published. 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 legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. The companys latest 737, serial number N619SW, will undergo 43,000-man hours to complete the conversion to a FireLiner consisting of the gravity retardant aerial delivery system (RADS-XXL/2) tank, avionics upgrades, new interior with refurbished passenger seats and new paint in Coulson colours. at 536. See 31 U.S.C. As a preliminary matter, USDA argues that the Coulson and Minden protests should be dismissed because these protesters are not interested parties. 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. Age. [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). 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. While it was conducting the NextGen large airtanker procurement, the Forest . [29] Id. A noncompetitive contract was awarded to Neptune on December12. 4890 Cherry Creek Road Port Alberni, B.C. 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. 3301(a)(1); FAR 6.101. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. SYDNEY, AUSTRALIA - JANUARY 27: Wayne Coulson, CEO of Coulson Aviation looks on during a press conference at the NSW Rural Fire Service Headquarters, Sydney Olympic Park on January 27, 2020 in Sydney, Australia. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). 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. Interested Party Status of Coulson and Minden. Estimated reading time 5 minutes, 20 seconds. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). Elin M. Dugan, Esq., Inga Bumbary-Langston, Esq., Shawn S. McGruder, Esq., Mark G. Garrett, Esq., and Melissa D. McClellan, Esq., Department of Agriculture, for the agency. Specifically, in making her recommendation the SPE stated as follows: General Public policy, the Competition in Contracting Act, and the FAR promote competition to ensure a fair playing field for firms interested in doing business with the Federal government. T: (250) 724-7600 F: (250) 723-7766. Coulson's and 10 Tanker's protests were dismissed as academic. 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. Download VCard. Learn more about our Night Aerial Firefighting here. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. 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. . 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. Michael Strain is one of East Africa's most active corporate/M&A lawyers; based in Tanzania but also covering the wider region. Although the J&A supported an award of two NextGen large airtankers for up to 9 years at a total estimated cost of $141,774,740, the contract actually awarded to Neptune permitted (by mutual agreement) the addition of two more airtankers to the first CLIN and three more airtankers to the second CLIN in each contract year. 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. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. 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. 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). Built as. 18, 2014, at7. [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. 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. Net Profit : Trademark Applications . Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. at 457. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. at 52. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. A, Calculation of Total Estimated Cost. Earth Prop. 2020 29 Sep 1995. 31, 1992, 92-2 CPD 29 at 3-4. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. Test Registration. [21] FI limited its formal conclusions regarding Neptunes financial viability through the 2016 time period because that is what the SPE requested FI to review. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. . at79-80. 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. Only supported aircraft types that are active with this airline are included in the calculations. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. . The Forest Service will oppose any . Our highly experienced teams in Canada, Australia and the United States provide the worlds best performing and technologically advanced aerial firefighting apparatus. They hire quality people to ensure they stay a quality Company. Agency Post-Hearing Comments, Mar. 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