In sum, the J&A and its supporting documents, as well as the agencys submissions in response to these protests and the testimony of the agency representatives at the hearing held by our Office, demonstrate that the sole-source award to Neptune was promised in exchange for Neptunes withdrawal of an earlier protest, and that there was not a reasonable basis for the agencys action. Coulson Aviation Australia | 3,766 followers on LinkedIn. at 2; Tab 146, Neptune CEO Email to FAM, Sept. 23, 2013; Tab 147, FAM Email to Forest Service Chief, Oct. 4, 2013. 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. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. 4890 Cherry Creek Road Port Alberni, B.C. Neptune has supplied Next Gen type planes on the existing legacy contract and others could be added provided it is within the scope of that contract. . . FAR 6.302-3(a)(2)(i). at 451-52. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. 18, 2014, at 5. . 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. [1] Our decision in Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, B406920.6, B-406920.7, Aug. 22, 2013, 2013 CPD 197, provides additional details concerning the history of this procurement. at5556. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. at 536. AR, Tab 56, Neptune Legacy Contract, at B-2. Id. In my time with Coulson I haven't seen them skimp or cut corners anywhere. 31, 1992, 92-2 CPD 29 at 3-4. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. Id. [34] AR, Feb. 19, 2014, at 3-7. 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. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. In fact, there is simply no record--in the J&A or otherwise--of any assessment by the agency of Neptunes long-term viability. 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. NI Indus., Inc., Vernon Div., supra. at 691. 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 . Our highly experienced teams in Canada, Australia and the United States provide the worlds best performing and technologically advanced aerial firefighting apparatus. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. [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. 001, May 15, 2013, at B-21. These protests followed publication of the sole-source award to Neptune in FedBizOpps. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. [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. [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. 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. 18, 2014, at 7. 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. [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. With our total integrated approach, we are able to provide our customers with a safe, world-class program, 24 hours a day.. Accepting the projected revenues and expenses as provided by Neptune on their face, RUS ultimately concluded that the only scenario in which the company could obtain a positive net income over the next 5years was where Neptune received two NextGen contract awards in addition to its current Legacy contract. at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. Although not stated in the award abstract, based on all aircraft and performance period options, the total amount per CLIN was approximately $350-$400 million. [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. Specifically, the J&A describes the services to be provided by Neptune as two NextGen large airtankers for up to 9 years, at a total estimated value of $141million. Disclaimer. See AR, Jan. 31, 2014, at 55. In addition to its current Legacy contract (including options for more airtankers being placed under the Legacy contract), Neptune is not precluded from competing on work--Forest Service or otherwise--in the coming years. Please refer to the current fleet list to see each aircraft's individual age. 27.4 Years. 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. Its also the only large airtanker capable of carrying 63 firefighters to a fire without the need to reconfigure the cabin providing support, speed and flexibility to fires. 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. We find the J&A to be incomplete and inaccurate in certain key regards. at 52. Rather, the protesters challenge the reasonableness of the agencys determination that the sole-source contract here is necessary to maintain a vital source of supply. at 439-41. Age. OTC Markets executives and other stock owners filed with the SEC include: Track performance, allocation, dividends, and risks, Annotate, download XLSX & look up similar tables, Filter, compare, and track coins & tokens, Stocks and cryptocurrency portfolio tracker. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. . 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. Tr. 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. . [26] . These assertions, however, ignore the possibility or likelihood of Neptune acquiring additional work over the course of the next 4years. They hire quality people to ensure they stay a quality Company. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. 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. Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. 41 U.S.C. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. 2020 Boeing 737-3H4. Tr. Estimated reading time 5 minutes, 20 seconds. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. 1 The average fleet age is based on our own calculations and may differ from other figures. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. By August 2, FI completed its assessment of Neptunes financial viability. 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. They do not include all outstanding orders as reported by aircraft manufacturers. Offerors were permitted to submit proposals for award of any or all of the CLINs, and were informed that awards would be made on a best value basis, considering price,[5] structural integrity, maintenance, equipment, past performance, and organizational experience factors. at 45. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. [19] See FAR 6.304(a)(4). at 473. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media Tr. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. Tr. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Thereafter, the agency decided to take corrective action by reopening the competition. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. 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. 936 talking about this. at 735; Agency Post-Hearing Comments, Mar. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. Competition encourages innovation and lower prices. Sales Res. [Forest Service] also has two firms on the legacy contract that can supply planes. 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. AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. 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). 15, 2013. 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. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. 3304(a), it is required to execute a written J&A with sufficient facts and rationale to support the use of the cited authority. AR, Jan. 31, 2014, at 16 n.14. [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. at 462. T-137 was purchased in May 2019 by . 3301(a)(1); FAR 6.101. Canada V9Y 8E9. [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. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. at 55, 75; AR, Tab 1, FAM Director Declaration, Jan. 28, 2014, at 5. 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. 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. See Sabreliner Corp., supra. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. No definite plans have been reached to date. 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. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. Coulson Protest, Feb. 10, 2014, at 55. This redacted version has been approved for public release. at 597, 615-16. 21.8(d)(1). 21.0(a)(1), 21.1(a) (2013); Cattlemens Meat Co., B-296616, Aug. 30, 2005, 2005 CPD 167 at 2 n.1. 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