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E: cg@coulsongroup.com The SPE was not the only agency official providing advice to the ASA. 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. 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. 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 . AR, Jan. 31, 2014, at 32. [39] The agency argues that it did not have to include the additional aircraft in the J&As description, inasmuch as these bilateral options would not be included in determining the required justification approval level as set forth in FAR 6.304(d). Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. These firms are building both capacity and employees skills. [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. Please refer to the current fleet list to see each aircraft's individual age. 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. Tr. Built as. at 691. 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. 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. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. 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. [19] See FAR 6.304(a)(4). See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. By contrast, Neptune did not provide any detail with its cost projections to RUS, so it is unclear if fuel is included, or if government reimbursement is considered. Id. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. Within Tanzania he has a comprehensive corporate/commercial practice covering all aspects of non-contentious transactional . File: B-409356.2; B-409356.3; B-409356.4; B-409356.5; B-409356.6. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. 1 The average fleet age is based on our own calculations and may differ from other figures. Id. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 500 Trillium Dr., Unit 23, Kitchener, ON N2R 1E5 | Phone: 519-748-1591 | Toll-Free: 1-866-834-1114 | Fax: 519-748-2537 3301(a)(1). See Hearing Transcript (Tr.) Quite simply, the existence of a settlement agreement does not permit a contracting agency to act in ways not otherwise permitted by applicable statutes and regulations. [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). at 439-41. 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. at 464. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. 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. AR, Tab 67, NextGen RFP, at M-4. However, changing its focus during the course of the protests, the agency has also argued that its actual concern is whether it could obtain sufficient NextGen airtankers for the 2014 fire season. Id. Likewise, Minden states that it owns a second aircraft (BAe-146) that it is converting into an airtanker, and would be able to submit a proposal should the Forest Service conduct another competitive procurement. at 657-693. [2] AR, Tab67, NextGen RFP. 3304(a), it is required to execute a written J&A with sufficient facts and rationale to support the use of the cited authority. Rationale The rules do not support the issuance of a sole source award based on the fact that a firm did not win a competitive procurement or in exchange for a particular action, such as the withdrawal of a protest or [Freedom of Information Act] request. 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. Nevertheless, USDA argues that it did not act improperly because the sole-source award complied with all applicable procurement statutes and regulations. 41 U.S.C. We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. [29] Id. at 67.[4]. We find Coulson and Minden (and 10 Tanker) to be interested parties to challenge the reasonableness of the agencys sole-source award to Neptune for industrial mobilization reasons, as the protesters all have a direct economic interest that would be affected by the award of such a contract. AR, Feb. 19, 2014, at 17. The fourth jet is awaiting delivery. 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. 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. It returned to the same airport at 1:26 pm. Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. Tr. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. Tr. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. 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. . Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. Critical to this justification are the following facts: 1. Shortly after learning that it would not receive a NextGen contract award, Neptune informed the contracting officer of its intent to protest to our Office unless an acceptable solution could be worked out. The agency justified the sole-source award under 41 U.S.C. They hire quality people to ensure they stay a quality Company. Id. at 1. 4890 Cherry Creek Road Port Alberni, B.C. 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. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. at 4. 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. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. A, Neptune Rate Sheet. Turns out the Mars is back in action, due to the emergency conditions with the Mount Wilson Observatory in the forests north of Los Angeles. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. 4890 Cherry Creek Road Port Alberni, B.C. Coulson Protest, Feb. 10, 2014, at 55. See 41 U.S.C. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. Coulson Aviation is the first company in the world to convert Boeing's 737 commercial airliners into FireLiner tankers. 6. 41 U.S.C. See AR, Tab 54, Contract No. [5][2][4], Following the accident, the Australian Transport Safety Bureau announced that a team was being assembled from Perth and Canberra to investigate the crash. 2. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. They were short staffed on driver's so . The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. See also Federal Acquisition Regulation (FAR) 6.302-3. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. By August 2, FI completed its assessment of Neptunes financial viability. Overview. 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. As detailed below, the Forest Service entered into a settlement agreement with Neptune on the basis that the award of a sole-source, NextGen-type contract was necessary to maintain Neptune as a vital source of large airtankers. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. Tr. [20] As a result, Neptunes total revenue projection for its Legacy contract only scenario was $157,043,792, see AR, Tab 23, RUS Financial Analysis of Neptune, June 26, 2013, at 3, while, as set forth above, the total price of Neptunes Legacy contract (as amended) was $185,212,800--an understatement of $28,169,008. The ASA also stated (repeatedly) that his rationale for the sole-source award to Neptune concerned the Forest Services ability to have enough large airtankers available for the 2014 fire season--not the viability of Neptune as a source of supply. [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. R. Cromwell Coulson serves as President, Chief Executive Officer, Director of the Company. 001, May 15, 2013, at B-21. All rights reserved. Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. The company has over 160,000. As detailed below, the record indicates that the verbal representations of Neptunes CEO concerning the firms financial viability were relied upon by the Forest Service when determining the agencys actions. 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. nature of the acquisition requires use of the authority cited, and [a] description of the market research conducted . [17] Id. [9] The addition of a second BAe-146 large airtanker to Neptunes Legacy contract was not envisioned by the Forest Service to be a one-time occurrence. Interested Party Status of Coulson and Minden. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, supra, at 2. 31, 1992, 92-2 CPD 29 at 3-4. 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. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. One such example was the difference in Neptunes revenue projections detailed above. 16, 2013. There are no executives at OTC Markets getting paid more. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. See also Federal Acquisition Regulation (FAR) 6.302-3. . E: cg@coulsongroup.com 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. 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. 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. Id. AR, Tab63, Neptune Email to Contracting Officer, June 26, 2013. FI also found that Neptune had based its revenue projections for the same period on the use of seven P2V aircraft, rather than six P2V and one BAe-146 aircraft (and the higher BAe-146 rates) as specified by the terms of the Legacy contract. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. 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. . [28] In fact, at the hearing conducted by our Office, the ASA testified that the financial analysis conducted by FI led [USDA] to an understanding that Neptune would not go out of business. Tr. 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). AR, Jan. 31, 2014, at 16 n.14. Tr. 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. . . Tr. 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. 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. 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. 18, 2014, at7. See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. 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. Coulson's and 10 Tanker's protests were dismissed as academic. at 735; Agency Post-Hearing Comments, Mar. Tr. at 597, 615-16. [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. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. . They take very good care of their people. 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. This redacted version has been approved for public release. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. 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. See AR, Jan. 31, 2014, at 55. [Forest Service] also has two firms on the legacy contract that can supply planes. 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. . at 45. at 658. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. [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. 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). [25] The ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise. 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). Id. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media 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. Get the latest business insights from Dun & Bradstreet. Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. Please refer to the current fleet list to see each aircraft's individual age. Accordingly, while the agency contends that the J&A did not rely on the FI financial analysis to assess Neptunes long-term viability, neither did the agency rely on any other information when making such an assessment. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. . T-137 was purchased in May 2019 by . At no time before the J&A was approved were FIs conclusions disputed or shown to be in error. at 5; see York Intl Corp., B-244748, Sept.30, 1991, 91-2 CPD 282 at 4-5 (settlement agreements will not be enforceable if they fail to comply with applicable statutes and regulations). A settlement agreement promising award of a contract on a sole-source basis in exchange for abandoning ongoing litigation, such as a bid protest, is not a permissible basis for restricting competition and excluding potential offerors. 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. End of Chile Aerial Firefighting Season 2022. at79-80. 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. at 462. 18, 2014, at 5. 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. [23] The ASA is USDAs Chief Acquisition Officer, and the SPE reports to the ASA. 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. [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). . 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. [11] AR, Tab 11, Neptune Email to Contracting Officer, May 9, 2013. Earth Prop. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. Tr. 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. [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. [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. [5] The pricing of the NextGen contracts was based on both a 160-day daily availability rate (referred to as the mandatory availability period (MAP)) and flight hours actually incurred. (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. . Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. 3. [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. Id., 21.8(f)(1). See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. at 32. See Sabreliner Corp., supra. 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. 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. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. at 2, 4. 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. 18, 2014, at 9-10, 21; see also Tr. Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). 3553(d)(3)(A), Neptunes protest triggered a stay of the NextGen contract awards pending our resolution of the protest. Tr. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. 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. [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. Regulation ( FAR ) 6.302-3 Chief Acquisition Officer, June 26,,. Returned to the ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise 1. Coulson & # x27 ; s 737 commercial airliners into FireLiner tankers, Tab 18,,... Types, and the SPE reports to the current fleet list to see each aircraft & # x27 s! Philip Morris FAR coulson aviation net worth 6.302-3. conclusions with those of RUS operations in Australia USDA Aug.. 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