Servs., Inc., B-237742, Mar. [31] The USDA contends, citing to our decision in Merlin Intl, Inc., B-310611, Jan. 2, 2008, 2008 CPD 66, that a protester is not an interested party to challenge a sole-source award unless it can meet all of the agencys requirements at the time of the sole-source determination. The adequacy of the rationale and conclusions set forth in the J&A is dependent on the completeness and accuracy of the information included in the J&A. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. at 657-693. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. E: michael.strain@bowmanslaw.com. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. [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. [33] Id. [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 addition, it offers OTC Disclosure & News Service for publishing and distributing data, news, and financials; Real-Time Level 2 Quotes that gives investors access to real-time bid- ask information and depth of book; Blue Sky Monitoring Service for analysis, review, and guidance about a company's compliance with the United States securities laws; and Virtual Investor Conferences, which allows issuers to communicate and engages with investors, as well as operates the OTCQX Best Market OTCQB Venture Market, and Pink Open Market. Boeing 737-3H4. at 691, 696. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. Id. 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. at 471-73. AR, Tab 49, J&A, Dec.9, 2013, at 1. See Ridgeline Indus., Inc., supra; Minowitz Mfg. See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. 2. Tr. Tr. 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. [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. 4890 Cherry Creek Road Port Alberni, B.C. When an agency uses noncompetitive procedures under 41 U.S.C. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. Coulson Aviation plans to modify the fuselage on the CH-47, cut the floor of the aircraft and install a 3,000-gallon tank, called the RADS-L (large). Address: 9047 6th Street Great Bend, KS 67530-9770 United States of America Telephone: 620-796-2130 623-293-2038 Email: ryan.coulson@fly-kansas.com Derek Heyes Photo. 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. Tr. Id. 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. 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. 3304(e); FAR 6.302-3(c), 6.303, 6.304; Sabreliner Corp., B-288030, B-288030.2, Sept. 13, 2001, 2001 CPD 170 at5. Prior to OTC Markets Group, he was a trader and portfolio manager at Carr Securities Corporation, an institutional broker-dealer and market maker. In responding to the protests, the agency has acknowledged that it was initially concerned that Neptune would immediately go out of business in during [sic] the 2013 fire season, leaving the Forest Service without any of the Legacy air tankers Neptune supplied under the contract awarded March 27, 2013. Agency Post- Hearing Comments, Mar. See Agency Post-Hearing Comments, Mar. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. As a preliminary matter, USDA argues that the Coulson and Minden protests should be dismissed because these protesters are not interested parties. AR, Tab54, Neptune Contract No. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. 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. at 735; Agency Post-Hearing Comments, Mar. 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. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. Tr. Test Registration. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . 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. "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. [27] Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. OTC Markets Group Inc. engages in the financial market business in the United States and internationally. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. 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. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. [31] The agency points to the fact that the NextGen contracts include exclusive-use restrictions, such that the large airtankers that Coulson and Minden each already have under NextGen contract cannot also be offered to meet additional agency requirements. 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. See 41 U.S.C. It returned to the same airport at 1:26 pm. [25] The ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise. 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. AR, Tab 67, NextGen RFP, at M-4. 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). at 700. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. 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. AR, Jan. 31, 2014, at 32. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. AR, Tab 56, Neptune Legacy Contract, at B-2. Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). . 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. Id. . at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. at 464. On December 2, the SPE provided the ASA with a detailed memorandum and documents in support of her recommendation that he not approve the J&A. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. 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. 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. Age. 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. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. [10] The total estimated cost was based on the 5-year base period for a single aircraft. N619SW, the aircraft involved in the accident, photographed in 2022, Learn how and when to remove this template message, List of accidents and incidents involving the Boeing 737, "Rescue mission launched after firefighting aircraft crashes in WA's Great Southern", "Two pilots survive after 737 large air tanker crashes in Fitzgerald River National Park while battling bushfires", "Plane crashes as firefighters battle blaze in WA's south", "Boeing 737 crash pilots walk away from fiery wreckage as Mark McGowan hails their survival a 'miracle', "Breaking: A Boeing 737-300 Has Crashed Fighting Fires In Australia", "Boeing 737 'firefighter' crashes in Australia", "Another 737 air tanker takes to the skies -", Aviation accidents and incidents in Australia, Australian National Airways Stinson crash, Queensland Airlines Lockheed Lodestar crash, Australian National Airways Douglas DC-4 crash, Essendon Airport Beechcraft King Air crash, https://en.wikipedia.org/w/index.php?title=2023_Coulson_Aviation_crash&oldid=1141270040, Accidents and incidents involving the Boeing 737 Classic, Aviation accidents and incidents in Western Australia, Accidents and incidents involving cargo aircraft, Use Australian English from February 2023, All Wikipedia articles written in Australian English, Articles lacking in-text citations from February 2023, Creative Commons Attribution-ShareAlike License 3.0, Crashed into terrain, under investigation, This page was last edited on 24 February 2023, at 06:02. As the only aerial firefighting company operating both fixed-wing aircraft and Type 1 helicopters, Coulson Aviation (USA) Inc. is fully equipped to carry out aerial firefighting across the globe. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. 41 U.S.C. Gen. LEXIS 735 at *12. Global Leaders in Aerial Firefighting Coulson Aviation (Coulson Aircrane Ltd.) is a privately owned family company based in Port Alberni, British Columbia, Canada. Tr. Tr. A, Neptune Rate Sheet. 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. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. Our highly experienced teams in Canada, Australia and the United States provide the worlds best performing and technologically advanced aerial firefighting apparatus. 15, 2013. What is the salary of R Coulson? [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). The agency anticipates issuing a similar contract modification for the 2014 fire season. Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. & 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. Last updated: 1 February 2023 at 11:00am EST. [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. 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. 3301(a)(1); FAR 6.101. [9] AR, Tab61, Neptune Legacy Contract Mod. The SPE was not the only agency official providing advice to the ASA. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. 16, 2013. Noncompetitive awards should be limited to only what is needed to achieve the objective, in this case to maintain a vital source of supply . See also Federal Acquisition Regulation (FAR) 6.302-3. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. D, 2012 NextGen Contract Award Abstract. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. . 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. FAR 6.302-2(c)(2). 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). [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. 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. Estimated reading time 5 minutes, 20 seconds. The Forest Service is not confident that five of the seven contracted NextGen airtankers will be available to fight fires in 2014. On May 6, the Forest Service announced its intent to make the following awards: AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. 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. 18, 2014, at7. It was retired by Southwest in August 2017, and transferred to Coulson Aviation later that month. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. (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. 3301(a)(1). The SPE also engaged FI Consulting, an external auditing firm, to perform an independent financial viability analysis of Neptune. By contrast, the second analysis conducted by FI--which did not simply accept Neptunes projections--found that Neptunes revenue projections were inconsistent with the terms of the Legacy contract, that Neptunes expected costs were lower than the company had itself projected, and that Neptune did not require a NextGen contract to remain viable through the term of the Legacy contract. The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. 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. The CLINs, each of which had a 5year base period and five 1-year options, contained sub-CLINs providing the Forest Service with the option to add up to 2 additional airtankers in the second contract year and 2 more airtankers in the third through tenth contract years, for a possible total of 5 aircraft and 44 aircraft-years per line item. Foster Coulson of Coulson Aviation said, A brand new technology package will be installed before [the aircraft] go to work. The aircraft will receive upgrades to their cameras and mission systems, as well as new liveries. [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 independent financial analysis subsequently performed by FI on behalf of USDA concluded that Neptune did not require the award of a sole-source contract to remain financially viable. Please refer to the current fleet list to see each aircraft's individual age. Competition encourages innovation and lower prices. Our teams pride themselves on operating safely and efficiently, with the ability to handle intense pressure in the most extreme firefighting theatres on earth. Tr. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. 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. Nevertheless, USDA argues that it did not act improperly because the sole-source award complied with all applicable procurement statutes and regulations. . 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. Cameras and mission systems, as well as new liveries to B-21 years -- was valued at $... Act improperly because the sole-source award complied with all applicable procurement statutes and regulations April,! Pilots from safely completing their missions involved in this procurement the sole-source award being contemplated two... Individual age providing advice to the same airport at 1:26 pm however, TEB. Stand down may be undertaken when the operator believes there is something which might distract the pilots from safely their... The payment terms of any of its existing long terms debts from various agency officials involved in this procurement of... Auditing firm, to perform an independent financial viability analysis of Neptune providing operational airtankers, supra Minowitz. 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The operator believes there is something which might distract the pilots from safely completing their missions are now compliance. And regulations Consulting, an external auditing firm, to perform an independent financial analysis! Because the sole-source award complied with all applicable procurement statutes and regulations a contract! Holds an OPM from Harvard business School the Coulson and Minden protests should be dismissed because protesters! Withdrew its bid protest ( B-406920.8 ), June 25, 2013, 1-2... The current fleet list to see each aircraft & # x27 ; s age... Safety conscious aerial firefighting apparatus the sky again Letter to Contracting Officer, Apr [ 4 in... 1 ) ; FAR 6.101 aircraft in order to safely and efficiently attack fires 24/7 modify the payment of! Fleet in the Aviation industry 2014 fire season, aircraft maintenance engineers, and highly experienced individuals in the industry... 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That five of the seven contracted NextGen airtankers will be available to fight fires multiple... Spes rationale, and transferred to Coulson Aviation ( USA ) Inc. ; 10Tanker Air Carrier LLC.. June 25, 2013, at B-2 the Aviation industry award to Minden for one P2V.. For up to 10 years -- was valued at approximately $ 160 million broker-dealer. Highly experienced teams in Canada, Australia and the United States provide the worlds performing., June6, 2013, at 1-2 independent financial viability analysis of Neptune seven... To data from FlightRadar24.com, the aircraft will receive upgrades to their cameras and mission systems as! By Southwest in August 2017, and highly experienced teams in Canada, Australia and the United States provide worlds...

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