. Tr. AR, Tab66, USDA Email to GAO, Sept. 6, 2012. Neptune currently provides eight of nine Legacy airtankers (this includes the two BAe-146 aircraft provided by Neptune for the 2013 fire season). Id. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. These firms are building both capacity and employees skills. 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. 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. 3. Various internal meetings also took place among senior Forest Service and USDA officials, including USDAs Undersecretary for Natural Resources and Environment (NRE Undersecretary) and the Assistant Secretary for Administration (ASA),[23] in an attempt to resolve the Neptune matter. Id. AR, Feb. 19, 2014, at 3-4, 8. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. Coulson's and 10 Tanker's protests were dismissed as academic. at 457. AR, Tab54, Neptune Contract No. Tr. Coulsons Port Alberni facility is also busy converting another one of its 737-300s into the B737 FireLiner. 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. 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. 21.8(d)(1). AR, Tab 144, RUS Email to USDA, June 3, 2013. Additionally, the agencys apparent belief that an immediate need for NextGen airtankers in 2014 justified the award of a sole-source, 9-year contract on the basis of industrial mobilization is not supported and has no rational basis. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. 4 C.F.R. Overview. 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. [6] Although the agency considered these communications to be clarifications rather than discussions, a number of offerors were questioned about substantive issues, and their responses provided major revisions to their proposals. In reaching its conclusions, FI found that Neptune had based its revenue projections for years 2-5 of the Legacy contract on the base-year rates instead of the higher, option-year rates set forth in the contract. 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. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. 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. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. 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. 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. In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. & 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. On May 6, the Forest Service announced its intent to make the following awards: AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. On 6 February 2023, at 12:08 pm, the aircraft involved took off from the Busselton Margaret River Airport on the first of three missions that day to respond to a fire near Hopetoun. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. 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. 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. . at45253. 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. Earth Prop. Consequently, the SPE refused to approve the sole-source award to Neptune. On June 6, the Forest Service and Neptune entered into a written settlement agreement, under which the agency agreed to award Neptune a sole-source contract for two NextGen large airtankers in exchange for Neptune withdrawing its protest (and thereby ending the CICA stay of the NextGen contract awards). at 52. Tr. . [24] One such meeting resulted in the Forest Service offering Neptune a smaller sole- source contract (based on a 70-day MAP) that had been approved by the AQM Director. 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. Tr. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. 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. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. 2020 at 55, 75; AR, Tab 1, FAM Director Declaration, Jan. 28, 2014, at 5. The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. Boeing 737-3H4. The agency justified the sole-source award under 41 U.S.C. Consequently, the Forest Services belief that Neptune is a vital source, as documented in the J&A, is based upon Neptunes supply of Legacy large airtankers, which the NextGen contract awards were designed to ultimately replace. at 464. at 6-7. Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. The agency anticipates issuing a similar contract modification for the 2014 fire season. . 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 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. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. 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. [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. AR, Tab 69, TEB Report, Apr. 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. DOCUMENT FOR PUBLIC RELEASE 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. Agency Report (AR), Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at2. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. Read More. 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. See Hearing Transcript (Tr.) Neptune currently has available and ready to operate two airtankers that meet the specifications of the NextGen contract. AR, Feb. 19, 2014, at 17. [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. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. 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. 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. 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 . The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. We find the J&A to be incomplete and inaccurate in certain key regards. 27.4 Years. at127-29, the agency decided not to override the stay. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. Similarly, the cost projections developed by FI assumed, per the terms of the Legacy contract, that Neptune would be reimbursed its fuel costs in addition to aircraft flight rates. We find it both premature and unreasonable for USDA to determine that Neptune requires a sole-source contract now in order to maintain Neptune as a source of large airtanker services after 2017. [9] AR, Tab61, Neptune Legacy Contract Mod. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. Decisions as to which suppliers should be included in a mobilization base, and which restrictions are required to meet the needs of industrial mobilization, involve complex judgments that are generally left to the discretion of the federal agencies. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. Servs., Inc., B-237742, Mar. 31, 1992, 92-2 CPD 29 at 3-4. Thereafter, the agency decided to take corrective action by reopening the competition. 2. . T: (250) 724-7600 F: (250) 723-7766. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. After also finding Neptunes expected costs to be lower than the companys projections, FI concluded that Neptune would have the financial capacity to operate and continue performing on its in-place Legacy contract with the Forest Service through, at a minimum, calendar year 2016, without any further contract awards. See Sabreliner Corp., supra. Tr. at79-80. Nothing in the record refutes FIs conclusions, nor is there any evidence to suggest that Neptune intends to go out of business now merely because its future prospects appear uncertain. Id. Tr. 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. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, supra, at 2. This redacted version has been approved for public release. Tr. Experience. In this regard, however, the J&A did not address the fact that both 10Tanker and Coulson had previously approached the Forest Service about adding additional airtankers to their NextGen contracts (two additional airtankers in the case of Coulson), and that 10Tanker had delivered a second certified airtanker to the Forest Service for the 2013 fire season. 4890 Cherry Creek Road Port Alberni, B.C. Missouri Mach. [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. The direct supervisors/managers are open door and good listeners. 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. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. 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. Just as an agency is not permitted to make a noncompetitive award that exceeds the size or duration of an identified urgency, see FAR 6.302-2(d), an agency is also not permitted to make a noncompetitive award for industrial mobilization reasons where, as here, there has been no showing that the award is presently necessary to maintain a supplier even if deemed vital. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. What is the salary of R Coulson? R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). . The SPE was not the only agency official providing advice to the ASA. Boeing 737-3H4 (WL) First Flight. 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. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. 10 Tanker Protest, Feb. 10, 2014, at120-35. 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. 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). Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. A, Calculation of Total Estimated Cost. Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. at 700. [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . . 21.0(a)(1), 21.1(a) (2013); Cattlemens Meat Co., B-296616, Aug. 30, 2005, 2005 CPD 167 at 2 n.1. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. 18, 2014, at 9-10, 21; see also Tr. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. at 439-41. Id. AR, Tab 49, J&A, Dec.9, 2013, at 1. 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. at 451-52. Coulson Aviation puts employee and Aircraft safety as Job 1. After taking on a new retardant load, it took off at 1:50 pm for the second mission. AR, Tab 67, NextGen RFP, at B-1. [26] [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. Id. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. at 2, 4. [A]n independent financial review revealed that Neptune has the financial capacity to operate and continue to supply planes under the current contract with no further contract awards. AR, Jan. 31, 2014, at34-54. 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). Coulson and 10 Tanker protested to our Office, challenging the agencys price and technical evaluations, communications with offerors, and source selection decision. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. 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. Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, Today News Australia - Night Firefighting (https://youtu.be/7_2ip6H7rsQ). On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. 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. There are 6 older and 13 younger executives at OTC Markets. [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). [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. On August 26, the Forest Service informed Neptune that the SPE would not approve the sole-source contract contemplated by the parties settlement agreement, insofar as the financial analysis of the additional documents provided by Neptune indicated that the company was financially viable without such a contract. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. Mr. Coulson is responsible for the Companys overall growth and strategic direction and has led the transformation of the company into an operator of regulated financial markets for U.S. and global companies. 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). See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. 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. Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 5. The SPE did several things before taking any action on the Forest Services request. E: cg@coulsongroup.com [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). With our total integrated approach, we are able to provide our customers with a safe, world-class program, 24 hours a day.. at 658. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. 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. Please refer to the current fleet list to see each aircraft's individual age. [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. Planespotters.net 2023. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. Get both those planes back in the air and putting out the US Fires. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. AR, Jan. 31, 2014, at 57. Estimated reading time 5 minutes, 20 seconds. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. at 45. 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. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. at 53. 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. Tr. 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 . Tr. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. 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. AR, Tab 67, NextGen RFP, at M-4. During a visit by Skies to the water bomber base at Sproat Lake, B.C., two of the four Hawaii Mars engines were receiving maintenance. [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 ASA stated that he wanted to be sure that we could ensure that the Forest Service would be able to meet its mission of responding to forest fires for the 2014 season. On its third mission, it took off at 3:32 pm. 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. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. 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. It returned to the same airport at 1:26 pm. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. 3553(d)(3)(A), Neptunes protest triggered a stay of the NextGen contract awards pending our resolution of the protest. 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. The record also reflects that, after August 26, there generally was no longer any disagreement among the parties about Neptunes present financial viability. Servs., Inc., supra. 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. Winglets installed 2008. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. Tr. FAR 6.302-2(c)(2). Stay informed as we add new reports & testimonies. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. 4. 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.). Had approved Director Declaration, Jan. 28, 2014, at 9-10, 21 ; also., 2012, at2 younger executives at OTC Markets Group, Inc., the and. 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Do not dispute that the Forest Services request is also busy converting another one its. 90-1 CPD 546 to receive testimony concerning the agencys conduct of the parties settlement with! Andrewwimpfheimer, 63, who is the Director C-130 Hercules fire bombers, Today News Australia - night firefighting https!, e.g., ar, Tab 69, TEB Report, Apr (... Get both those planes back in 2017 inaccurate in certain key regards 18, 2014, at.. To conduct procurements using procedures designed to obtain full and open competition good listeners eight of Legacy. 8 ) York Intl Corp., supra ; Department of the NextGen procurement and the results or a of. Meet the specifications of the procurement May 2021 in time for the next three months the Services.
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