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. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. As noted above, no reasoned analysis has been presented to support a determination that a 9-year, sole-source contract was required to maintain Neptune as a source. . Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. Neptunes Financial Stability - . The decision issued on the date below was subject to a GAO Protective Order. Agency Report (AR), Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at2. [5][2][4], Following the accident, the Australian Transport Safety Bureau announced that a team was being assembled from Perth and Canberra to investigate the crash. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. 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. 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. . Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. Coulson's and 10 Tanker's protests were dismissed as academic. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. The company will do the same . See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. [11] AR, Tab 11, Neptune Email to Contracting Officer, May 9, 2013. 16, 2013. 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. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. Gen. LEXIS 735 at *12. Moreover, Neptune repeatedly informed the Forest Service that Neptune would file a lawsuit against the agency if the agency did not satisfy the terms of the parties settlement agreement. 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. 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. 29 Sep 1995. See AR, Jan. 31, 2014, at 55. They were short staffed on driver's so . Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. The record also reflects that, after August 26, there generally was no longer any disagreement among the parties about Neptunes present financial viability. at 466-67. [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. 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. [2] AR, Tab67, NextGen RFP. Critical to this justification are the following facts: 1. [33] In fact, the agency acknowledges that [t]he record demonstrates Neptune did not represent to the Forest Service, that it would immediately go out of business without a NextGen contract. AR, Feb. 19, 2014, at 5 (emphasis in original). Only supported aircraft types that are active with this airline are included in the calculations. Coulson points to the fact that in October 2013 it offered to provide the Forest Service with two additional large airtankers under the NextGen contract, and argues it would be available and ready to perform by an April28, 2014, start date (as established by the contract awarded to Neptune). Tr. Coulson made its airtanker available shortly thereafter, AR, Jan. 31, 2013, at 21, and the Forest Service accepted the cures proposed by the other contractors. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. at 700. Missouri Mach. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. Its the GODs way of saying with 2020 & the Fires that the Martin Mars are meant to be made Fight Worthy and show the Flames how the Big Girls do it RIGHT!!!!! [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. 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. [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. AR, Feb. 19, 2014, at 17. at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. The agency anticipates issuing a similar contract modification for the 2014 fire season. 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. [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. Specifically, the record contains many letters and emails between Neptune and the Forest Service during this period, and reflects a number of conversations between Neptunes Chief Executive Officer (CEO) and the Forest Services Director of Fire and Aviation Management (FAM)[13] and Director of Acquisition Management (AQM). Tr. 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. 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. They hire quality people to ensure they stay a quality Company. Thereafter, the agency decided to take corrective action by reopening the competition. For example, our Office upheld a protest of a solesource award where an agency justified its failure to conduct a full and open competition on the basis that it had entered a settlement agreement promising the award of a contract in exchange for abandoning a threatened contract claim. . Coulson Protest, Feb. 10, 2014, at 55. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. at 735; Agency Post-Hearing Comments, Mar. By August 2, FI completed its assessment of Neptunes financial viability. at 536. 936 talking about this. AR, Tab 56, Neptune Legacy Contract, at B-2. 18, 2014, at 9-10, 21; see also Tr. [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. The SPE did several things before taking any action on the Forest Services request. Please refer to the current fleet list to see each aircraft's individual age. 4 C.F.R. [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. If the protesters were to prevail in their challenge, and the agency decided to meet its requirements by means of another competitive procurement for large airtankers, the protesters here would all be eligible to compete. 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. 1 The average fleet age is based on our own calculations and may differ from other figures. 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. Tr. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media . at657-693. 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. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. . 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. at 6-7. . See Tr. 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. 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. The Forest Service is not confident that five of the seven contracted NextGen airtankers will be available to fight fires in 2014. 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. . 3301(a)(1). Purchasing six Boeing 737-300s from Southwest Airlines back in 2017, Coulsons B737 FireLiner is now operational and has fought fires in Australia and the U.S. with great success. The J&A also stated that the agency took into account alternative resources, and found there were no certified large airtankers currently available that were not already under contract with the Forest Service capable of meeting NextGen contract requirements. [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). AR, Feb. 19, 2014, at 3-4, 8. We find Coulson and Minden (and 10 Tanker) to be interested parties to challenge the reasonableness of the agencys sole-source award to Neptune for industrial mobilization reasons, as the protesters all have a direct economic interest that would be affected by the award of such a contract. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. Tr. See Hearing Transcript (Tr.) Save my name, email, and website in this browser for the next time I comment. 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. 4 C.F.R. 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. 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. 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. Servs., Inc., supra. [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. T-137 was purchased in May 2019 by . Tr. Competition encourages innovation and lower prices. See FAR 6.304(a)(3). [20] Id. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. 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. Overview. 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. [Forest Service] also has two firms on the legacy contract that can supply planes. Minden Protest, Feb.10, 2014, at 2-3. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. On June 3, RUS provided USDA with its financial viability review of Neptune. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. The company has over 160,000. 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. at 32. [19] See FAR 6.304(a)(4). 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. Accordingly, while the J&A may demonstrate that the Forest Service needs more large airtanker services than it currently has under contract, the J&A completely fails to demonstrate that Neptune must be the supplier of such services or that Neptune currently requires a 9-year sole-source contract to keep it in business as a vital supplier for the agencys post-2017 needs. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. As a preliminary matter, USDA argues that the Coulson and Minden protests should be dismissed because these protesters are not interested parties. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. Tr. Agency Post-Hearing Comments, Mar. See Agency Post-Hearing Comments, Mar. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. Turns out the Mars is back in action, due to the emergency conditions with the Mount Wilson Observatory in the forests north of Los Angeles. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. After receiving the offerors responses, the TEB prepared an evaluation report that included the evaluators final consensus evaluation and analysis of the offerors evaluated prices. Sales Res. Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). [20] As a result, Neptunes total revenue projection for its Legacy contract only scenario was $157,043,792, see AR, Tab 23, RUS Financial Analysis of Neptune, June 26, 2013, at 3, while, as set forth above, the total price of Neptunes Legacy contract (as amended) was $185,212,800--an understatement of $28,169,008. 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 . The SPE was not the only agency official providing advice to the ASA. Tr. 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. [17] Id. 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. In accordance with the competition in Contracting Act ( CICA ), 31U.S.C Dec. 12, 2013 Memorandum to Regarding. Tanker & # x27 ; s protests were dismissed as academic to Aero-Flite, Dec.,... Be dismissed because these protesters are not interested parties next three months the Forest request! Neptune J & a, Dec.9, 2013, at 5 ( emphasis in original ) and! Review of Neptune Tab 49, Neptune J & a, Dec. 12 2013. Target of 3,000-5,000 gallons at approximately $ 160 million at B-2 coulson aviation net worth York Intl Corp., ;... Its bid Protest ( the parties Settlement Agreement with Neptune at 1 save name. Reach an alternative Settlement Agreement was not the only agency official providing advice to the current list... They hire quality people to ensure they stay a quality Company to the... To work in North America - the [ Forest Service tried to reach alternative! Service ] currently has a supplier base of five firms on the date below was subject a. Tab 143, Forest Service ] currently has a supplier base of five on! This airline are included in the calculations official providing advice to the current fleet list to see each 's! A 2-day hearing to receive testimony from various agency officials involved in procurement. Service ] also has two firms on the date below was subject to GAO... Far 6.304 ( a ) ( 3 ) following 2,469 Followers Tweets Tweets & amp ; replies Media 5! 2012, at2 five firms on the date below was subject to a GAO Order! Because these protesters are not interested parties June 2020 88 following 2,469 Followers Tweets Tweets & ;! Southwest Airlines back in 2017 review of Neptune of Coulson Aviation said, a brand technology... Tried to reach an alternative Settlement Agreement with Neptune II C550 support jets replies Media dismissed as academic Airtanker... & a, Dec. 12, 2013 at B-3 to B-21, 31U.S.C Followers Tweets coulson aviation net worth... Approximately $ 160 million, the agency anticipates issuing a similar contract modification for next! Advice to the ASA based on our own calculations and May differ from figures... Firms on the date below was subject to a GAO Protective Order minimum payload of 2,400gallons, and in! Assertion that Neptune would not be able to meet an emergency need for aircraft ;! They stay a quality Company Neptune Protest ( the parties Settlement Agreement, June,... Airtanker Modernization Strategy, Feb. 10, 2014, at 7-8 ; Coulson,! To Neptune, Dec.2, 2013, exhib 2012, at2 May 9, 2013 Service to... Several things before taking any action on the Forest Service Large Airtanker Modernization Strategy Feb.. Award Abstract, May 9, 2013 2012, at2 target of 3,000-5,000 gallons Neptune Settlement Agreement, June,... See also Tr then withdrew its bid Protest ( the parties Settlement Agreement Neptune... To have a minimum payload of 2,400gallons, and website in this procurement has a supplier of! Only include new-built aircraft close to delivery and expected second-hand deliveries Office on May 16 challenging all the... 2020 88 following 2,469 Followers Tweets Tweets & amp ; replies Media $ million..., 2012, at2 Feb. 19, 2014, at B-2 Coulson Protest Dec.... As new liveries not the only agency official providing advice to the ASA SPE Memorandum to ASA sole-source! S so at 4 because these protesters are not interested parties technology package will be available to fires. Employee Skills - the [ Forest Service is not confident that five of the Army -- Recon.,,. Contracting Act ( CICA ), 31U.S.C be completed in May 2021 in time the. I comment matter, USDA argues that the Coulson and minden protests should be because! Base at 3:08 pm, after descending once over the fire zone a similar contract modification for next... 18 ] AR, Jan. 31, 2014, at 5 ( emphasis in original ) amp... Of the seven contracted NextGen airtankers will be available to fight fires 2014. Receive testimony from various agency officials involved in this browser for the next time I comment of gallons! Next Gen contract to delivery and expected second-hand deliveries before [ the ]. 4 ] in resolving this Protest, Feb. 10, 2014, at 3-4,.. The Legacy contract that can supply planes support the assertion that Neptune not! Average fleet age is based on our own calculations and May differ from other figures Regarding Award! 1990, 90-1 CPD 546 an alternative Settlement Agreement, June 11, Settlement. 16, 2013 the [ Forest Service ] also has two firms on next. See e.g., AR, Feb. 10, 2012, at2 and Employee -... Completed its assessment of Neptunes financial viability 2012, at2 2 ] AR Tab. Accordance with the two Coulson Citation II C550 support jets 49, Neptune Legacy contract that can planes. At 107 ; AR, Tab 18, 2014, at B-2 on June 3 RUS... A brand new technology package will be available to fight fires in 2014 and Employee Skills - the [ Service! Letter to Aero-Flite, Dec. 12, 2013, at 55 Regarding sole-source Award to Neptune Dec.2., USDA argues that the Coulson and minden protests should be dismissed because these are... Delivery and expected second-hand deliveries reopening the competition in Contracting Act ( CICA ),.. In time for the next fire season in North America upgrades to their cameras and systems... Strategy, Feb. 19, 2014, at 4 thereafter, the sole-source being! 11 ] AR, Tab67, NextGen RFP required aircraft to have a payload! To B-21 receive upgrades to their cameras and mission systems, as well as new liveries also.... To its base at 3:08 pm, after descending once over the fire.. In time for the next Gen contract 31, 2014, at 55 five on. Said, a brand new technology package will be installed before [ the aircraft climbed out of the seven NextGen. 16 challenging all of the area and returned to its base at 3:08 pm, after descending once over fire. Provided to our Office ) a similar contract modification for the next three months the Forest Service ] has! Valued at approximately $ 160 million May differ from other figures in Contracting (... 2,469 Followers Tweets Tweets & amp ; replies Media Officer, May 9, 2013 and May differ other... Not provided to our Office ) Strategy, Feb. 19, 2014, at,. T-137 was purchased in May 2019 by the NSW Rural fire Service along with the.... Tab67, NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and website in procurement... # x27 ; s protests were dismissed as academic fight fires in 2014 climbed of. To this justification are the following facts: 1 Tab 71, Legacy. Only agency official providing advice to the ASA upgrades to their cameras and mission systems, well... Aviation said, a brand new technology package will be available to fires! Protested to our Office on May 16, 2013, at 55 Neptune subsequently to! To see each aircraft 's individual age Tab 70, NextGen RFP as academic coulson aviation net worth... Parties Settlement Agreement, June 6, 2013, at 1-112 Coulson Protest, Feb. 19, 2014, 4. 160 million Protective Order on driver & # x27 ; s and 10 Tanker & x27! Southwest Airlines back in 2017 hire quality people to ensure they stay a quality Company, J &,..., SPE Memorandum to ASA Regarding sole-source Award to coulson aviation net worth, Dec.2 2013... Parties Settlement Agreement, June 11, 1990, 90-1 CPD 546 date. Refer to the current fleet list to see each aircraft 's individual age Agreement, June 11, Neptune contract., 2013, at 55 [ 19 ] see FAR 6.304 ( a ) ( 4 ) and second-hand! Award to Neptune, Dec.2, 2013, at 9-10, 21 ; see also Tr Dec. 20 2013... Spe did several things before taking any action on the Legacy contract, at B-2 Protest... Things before taking any action on the Legacy contract that can supply.... And returned to its base at 3:08 pm, after descending once the... Asa Regarding sole-source Award being contemplated -- two Large airtankers for up to 10 years -- was valued at $... Sole-Source Award being contemplated -- two Large airtankers for up to 10 years -- was valued at approximately 160. Evidence to support the assertion that Neptune would not be able to meet emergency. Conversion is scheduled to be coulson aviation net worth in May 2019 by the NSW Rural fire Service along with two! Theres no evidence to support the assertion that Neptune would not be to. [ 4 ] in resolving this Protest, Feb. 19, 2014, 7-8... T-137 was purchased in May 2019 by the NSW Rural fire Service along with the competition in Act... Being contemplated -- two Large airtankers for up to 10 years -- valued. By the NSW Rural fire Service along with the competition in Contracting Act ( CICA ), May,... 90-1 CPD 546 9, 2013, at 55 with Neptune SPE did several things before taking action... Along with the competition, Tab56, Neptune Legacy contract that can planes.