AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. AR, Feb. 19, 2014, at 3-4, 8. Have a story idea you would like to suggest? 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. [36] Neptune and USDA reason that because Neptune currently has no contract in place for large airtanker services after 2017, this demonstrates that Neptune cannot remain viable after 2017. 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. 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. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. 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. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. 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. The agency justified the sole-source award under 41 U.S.C. at735-36. 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. 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. AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. See 31 U.S.C. 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. 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. See FAR 6.302-3. Id. 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. Save my name, email, and website in this browser for the next time I comment. . The SPE also engaged FI Consulting, an external auditing firm, to perform an independent financial viability analysis of Neptune. [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. 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. These protests followed publication of the sole-source award to Neptune in FedBizOpps. 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. Consequently, the agency argues, the J&A was not grounded on the agencys belief that Neptune would immediately go out of business without a NextGen contract, but was based on its concern with Neptunes continued availability as a large airtanker supplier after 2017 when its Legacy contract expired. 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. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. 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. Id. Get both those planes back in the air and putting out the US Fires. 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. The decision issued on the date below was subject to a GAO Protective Order. 27.4 Years. Tr. . 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. 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. A noncompetitive contract was awarded to Neptune on December12. By August 2, FI completed its assessment of Neptunes financial viability. . 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. at 439-41. 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. at5556. [34] For this reason, the agency argues, the FI financial analysis, which did not look beyond a 5-year period, was not relevant or relied upon in the J&A. 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. 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. . Competition encourages innovation and lower prices. 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. 10 Tanker Protest, Feb. 10, 2014, at120-35. 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. Last updated: 1 February 2023 at 11:00am EST. Specifically, in making her recommendation the SPE stated as follows: General Public policy, the Competition in Contracting Act, and the FAR promote competition to ensure a fair playing field for firms interested in doing business with the Federal government. 7. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. Stay informed as we add new reports & testimonies. Coulson Protest, Feb. 10, 2014, at 55. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. at 138, 235. 16, 2013. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. Download VCard. The Forest Services procurement of NextGen airtanker services has a long and contentious history. 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). . Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. Here, the Forest Services description in its J&A of its noncompetitive requirements, as well as its consideration of alternative sources of supply, is inaccurate. Tr. Executive Candidate Assessment and Development Program. 31, 1992, 92-2 CPD 29 at 3-4. Coulson Aviation Australia currently operates a number of New South Wales Rural Fire Service-owned aircraft andmanages all maintenance and fleet support systems for those RFS aircraft in Australia. Boeing 737-3H4. 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. The RUS noted that the information provided by Neptune did not include detailed expense projections or a balance sheet and cash flow projections for the next 5-year period. Our teams pride themselves on operating safely and efficiently, with the ability to handle intense pressure in the most extreme firefighting theatres on earth. See Agency Post-Hearing Comments, Mar. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. 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. [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 direct supervisors/managers are open door and good listeners. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. In sum, while the agency may not have entered into a settlement agreement promising to disregard applicable procurement statutes and regulations, the agencys subsequent decision to award a sole-source contract to Neptune so as to comply with the terms of the settlement agreement and avoid a Neptune-threatened lawsuit was without a reasonable basis. AR, Tab 72, Neptune Letter to GAO, June 6, 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. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. . at 691, 696. OTC Markets Group Inc. engages in the financial market business in the United States and internationally. Boeing 737-3H4 (WL) First Flight. 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. [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. 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). We find the J&A to be incomplete and inaccurate in certain key regards. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. 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. While the agency argues the fact that other contractors may have airtankers available to perform Neptunes contract to be irrelevant here, AR, Jan. 31, 2014, at 52, we fail to see how the agency can reasonably find Neptune to be a vital source without accurately considering all sources. . Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. 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. There are 6 older and 13 younger executives at OTC Markets. 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. at 700. While it was conducting the NextGen large airtanker procurement, the Forest . They do not include all outstanding orders as reported by aircraft manufacturers. Specifically, the protesters argue that: (1) Neptune is not a vital supplier such that the large airtanker industrial base can be maintained without resorting to noncompetitive procurements; and (2)Neptune does not require a sole-source contract to remain a source of large airtankers. In this case, we have a competitive field and recently awarded multiple contracts on a competitive basis to five firms from a pool of eight firms that submitted proposals on the solicitation. See 41 U.S.C. AR, Jan. 31, 2014, at34-54. 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. 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 6.304(a)(3). A, Neptune Rate Sheet. 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 agency anticipates issuing a similar contract modification for the 2014 fire season. We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. Disclaimer. . 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). 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. Only supported aircraft types that are active with this airline are included in the calculations. Coulsons and 10Tankers protests were dismissed as academic. [35] To the extent Neptune now represents a vital source, it is because of its Legacy contract. at 457. 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. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. Experience. A, Calculation of Total Estimated Cost. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. When an agency uses noncompetitive procedures under 41 U.S.C. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. 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. 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. 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. 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