18, 2014, at 5. 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. The J&A also failed to consider the additional large airtankers that Coulson had offered to make available to the Forest Service. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. AR, Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at 2. 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. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. 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. The agency anticipates issuing a similar contract modification for the 2014 fire season. . 21.8(d)(1). 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. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. Although the J&A documents the agencys belief that Neptune is, presently, a vital supplier of large airtanker services under Neptunes Legacy contract,[35] the J&A is devoid of evidence or analysis supporting the need to provide Neptune with a sole-source award for the firm to remain a viable source of supply. Test Registration. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. See AR, Tab 54, Contract No. Get both those planes back in the air and putting out the US Fires. 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. Overview. . [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. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . See Ridgeline Indus., Inc., supra; Minowitz Mfg. 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. Learn more about our Night Aerial Firefighting here. Although the Forest Service had significant concerns about its ability to adequately respond to the 2013 fire season without the protested NextGen large airtankers being available, see Tr. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. 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. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. See 41 U.S.C. These firms are building both capacity and employees skills. 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. En route to the fires, the aircraft climbed to 29,000 feet (8,800m), before descending to around 700 feet (210m) over the fire zone once. The agency justified the sole-source award under 41 U.S.C. Id. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. at 1. As relevant here, the settlement agreement stated that: the Forest Service will award the Contract using noncompetitive procedures, pursuant to 41 U.S.C. at127-29, the agency decided not to override the stay. Boeing 737-3H4 (WL) First Flight. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. [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. Tr. A, Calculation of Total Estimated Cost. . By August 2, FI completed its assessment of Neptunes financial viability. Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. Moreover, given the contract options available to the Forest Service under the competitively-awarded NextGen contracts, Neptune may no longer represent a vital source that must be maintained by the Forest Service after 2017. See Agency Post-Hearing Comments, Mar. at 536. 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. 4890 Cherry Creek Road Port Alberni, B.C. Pentagon announces Coulson Aviation is awarded a $53 million CDN contract with the U.S. Department of Defense to equip seven Lockheed Martin C-130 aircraft with firefighting equipment. 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). Please refer to the current fleet list to see each aircraft's individual age. . Coulson Aviation Australia | 3,766 followers on LinkedIn. Agency Report (AR), Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at2. Tr. 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. [8] Neptunes fuel costs were not included in the 2013 Legacy contract rates, as fuel was again to be government-provided or separately reimbursed. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. 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. We will question those decisions only if the evidence shows that the agency has abused its discretion. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. What is the salary of R Coulson? at 464. Tr. [t]o maintain a . Today, the company's Coulson Aircrane aviation branch still offers helicopter logging but has expanded its ambitious mandate to include power line construction and forest fire suppression. Even assuming all seven NextGen airtankers are available to fight fires in 2014, the Forest Service still will have only 16 [large airtankers], which is two [large airtankers] fewer than the minimum needed to fulfill its firefighting mission. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. With our fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, CH47D Chinooks, UH60 Blackhawks and Sikorsky helicopters we have the ability to run rapid air attack aerial fire suppression, including initial attack and extended attack protocols. FAR 6.302-2(c)(2). at 67.[4]. The NextGen RFP, issued as a small business set-aside, contemplated the award of multiple fixed-price contracts under seven contract line items (CLIN) for airtanker firefighting services on an exclusive-use basis. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. . AR, Tab67, NextGen RFP, atB-11. 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. [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. Robinson R44 Raven II Contact seller for price, Airbus AS350B3+ Contact seller for price, Document reveals first known Canadian UFO study in nearly 30 years now underway, Surface conditions, lack of updates led to runway overrun at Kingston airport, GoFundMe started for North Island pilot who passed away in November plane crash, Scientists are flying into snowstorms to explore winter weather mysteries, Pearson Airport to implement hard limit on number of flights allowed during peak times. See also Federal Acquisition Regulation (FAR) 6.302-3. 3301(a)(1); FAR 6.101. 4 C.F.R. at 658. The company also provides OTC Markets Real-Time Data products that provides quote, trade, and reference data for OTC Link ATS; OTC Markets Pricing and Reference Data products for detailed view into the securities and issuers within the OTC market; and compliance data products. 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). See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. [20] Id. Have a story idea you would like to suggest? [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. 4. [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. at 6-7. At the end of the first day of the hearing, the GAO hearing official noted that the testimony thus far appeared to support the protesters arguments that the communications between the agency and various offerors were discussions rather than clarifications, as described by FAR 15.306. & 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. 18, 2014, at 9-10, 21; see also Tr. at 457. . Our teams pride themselves on operating safely and efficiently, with the ability to handle intense pressure in the most extreme firefighting theatres on earth. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. 10 Tanker Protest, Feb. 10, 2014, at120-35. . 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. . 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). Id., 21.8(f)(1). T: (250) 724-7600 F: (250) 723-7766. 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. Tr. 41 U.S.C. Consequently, the SPE refused to approve the sole-source award to Neptune. 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. 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). 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. The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. 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). 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. Determining whether a party is interested involves consideration of a variety of factors, including the nature of the issues raised, the benefit or relief sought by the protester, and the partys status in relation to the procurement. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. 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. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. . 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. 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. . . First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. In this regard, the protesters claim that the agencys actions have been motivated by the desire to fulfill the terms of a settlement agreement and to avoid a lawsuit by Neptune for allegedly breaching that agreement. at45253. 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. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. They do not include all outstanding orders as reported by aircraft manufacturers. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. Balanced Supply Source It is not clear how a noncompetitive award to Neptune would create a balanced source of supply . Operator believes there is something which might distract the pilots from safely completing their.. 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