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. In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. 41 U.S.C. 29 Sep 1995. 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. Tr. 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. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. Neptune would undoubtedly prefer the financial security that would accompany a long-term NextGen contract, but this is simply not the standard by which an agency is permitted to make a noncompetitive award for industrial mobilization purposes. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. Neptune and the Forest Service had significant communications during the period between when Neptune learned it would not receive a NextGen contract and Neptunes receipt of a sole-source contract. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. The agency does not dispute that 10Tanker had an additional airtanker available (in fact, already performing) that met Forest Service requirements at the time the J&A was signed. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Id. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. Neptune currently provides eight of nine Legacy airtankers (this includes the two BAe-146 aircraft provided by Neptune for the 2013 fire season). Please refer to the current fleet list to see each aircraft's individual age. A, Neptune Rate Sheet. 3553(c)(2). [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. 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. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. [8] Neptunes fuel costs were not included in the 2013 Legacy contract rates, as fuel was again to be government-provided or separately reimbursed. Likewise, Minden states that it owns a second aircraft (BAe-146) that it is converting into an airtanker, and would be able to submit a proposal should the Forest Service conduct another competitive procurement. 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. See Hearing Transcript (Tr.) A Forest Service technical evaluation board (TEB) evaluated offerors proposals. 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. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. On March 27, 2013, the Forest Service awarded Neptune a Legacy contract for five P2V aircraft for 5-years, and for one P2V and one BAe-146[7] aircraft for a base year with four option years, at a total estimated price of $180,252,600. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, supra, at 2. 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). Coulson Aviation plans to modify the fuselage on the CH-47, cut the floor of the aircraft and install a 3,000-gallon tank, called the RADS-L (large). 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. Learn more about our Night Aerial Firefighting here. Id. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. [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. [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. 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. [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. In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. [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. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. Id. 3. [16] The Forest Service believed RUS possessed financial expertise that could be of assistance. Nevertheless, USDA argues that it did not act improperly because the sole-source award complied with all applicable procurement statutes and regulations. [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. Click on the button below to send an email to our team and we will get to it as soon as possible. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. AG-024B-C-14-9000, at B-1. The J&A also failed to consider the additional large airtankers that Coulson had offered to make available to the Forest Service. Get the latest business insights from Dun & Bradstreet. 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. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . Tr. & 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. Neptune then withdrew its bid protest (the parties settlement agreement was not provided to our Office). at657-693. 18, 2014, at7. Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. at 1. 21.8(d)(1). Tr. The Forest Service also made a Legacy contract award to Minden for one P2V aircraft. 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. Coulson's and 10 Tanker's protests were dismissed as academic. See 41 U.S.C. 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. at 451-52. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. There are no executives at OTC Markets getting paid more. . Similarly, if the protesters were to prevail in their challenge and the agency decided to meet its requirements by exercising options available to it under the NextGen contract, the protesters would be interested and eligible to receive such orders. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. According to data from FlightRadar24.com, the aircraft climbed to 29,000 feet en route to assist firefighting efforts in the Fitzgerald River National Park. T: +255 76 898 8640. 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. 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). 18, 2014, at 5. While agencies have authority to make noncompetitive awards when necessary to maintain vital sources, they do not have authority to make noncompetitive awards merely because an offeror is unsuccessful in a competitively-conducted procurement, or because such action was promised in a settlement agreement. 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. AR, Tab 67, NextGen RFP, at M-4. . Required fields are marked *. Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. Tr. These firms are building both capacity and employees skills. See FAR 6.302-3. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. at79-80. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. Tr. The Forest Service will oppose any . 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. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. As a preliminary matter, USDA argues that the Coulson and Minden protests should be dismissed because these protesters are not interested parties. T: (250) 724-7600 F: (250) 723-7766. at735-36. Coulson Aviation puts employee and Aircraft safety as Job 1. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. OTC Markets Group Inc. engages in the financial market business in the United States and internationally. at480. . As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. 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. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. 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. 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. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. Although the aircrafts days as an operational water bomber have passed, Coulsons Hawaii Mars aircraft might take to the air again to provide aerial sightseeing tours and could also hit the airshow circuit one day in the future. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. This statement is also factually inaccurate insofar as 10 Tanker had a certified large airtanker currently available, which the Forest Service actually contracted for in 2013. [9] AR, Tab61, Neptune Legacy Contract Mod. Read More. [vital] supplier . 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. . Tr. 3304(a), it is required to execute a written J&A with sufficient facts and rationale to support the use of the cited authority. As the Australian business arm of global company Coulson Aviation, Coulson Aviation Australia also supports other Australian States with the provision of large aircraft and experienced team members. 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. . AR, Tab 144, RUS Email to USDA, June 3, 2013. Moreover, had the agency used this separate authority as the basis for its noncompetitive contract award, the agency would have been required to request offers from as many potential sources as is practicable under the circumstances. at 67.[4]. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. It was retired by Southwest in August 2017, and transferred to Coulson Aviation later that month. 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. 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. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. Only supported aircraft types that are active with this airline are included in the calculations. We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. At no time before the J&A was approved were FIs conclusions disputed or shown to be in error. . 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. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. at 735; Agency Post-Hearing Comments, Mar. 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. 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. 18, 2014, at 9-10, 21; see also Tr. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. These specific C550s were originally modified and equipped with military fire-control radar, sophisticated infrared cameras, custom instrument panels and law enforcement communication packages. [35] To the extent Neptune now represents a vital source, it is because of its Legacy contract. 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. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. 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. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. Estimated reading time 5 minutes, 20 seconds. at45253. Thus, the agencys J&A inaccurately described the services to be obtained from Neptune on a noncompetitive basis. Coulson Aviation Australia | 3,766 followers on LinkedIn. See Sabreliner Corp., supra. [Forest Service] also has two firms on the legacy contract that can supply planes. Noncompetitive awards should be limited to only what is needed to achieve the objective, in this case to maintain a vital source of supply . at5556. Id. 1 The average fleet age is based on our own calculations and may differ from other figures. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. The Forest Service contends that this immediate need for additional NextGen airtankers provided it with an industrial mobilization need in December 2013 when it decided to award Neptune a solesource, 9-year contract for NextGen airtanker services. Tr. 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. Id., 21.8(f)(1). 3304(a). . [2] Large airtankers can carry 1,800-8,000 gallons of fire retardant. Tr. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. Agency Post-Hearing Comments, Mar. 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. Built as. Winglets installed 2008. Id. 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.). 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. A, Calculation of Total Estimated Cost. Agency Report (AR), Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at2. 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. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). The agency anticipates issuing a similar contract modification for the 2014 fire season. 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. [27] [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. 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. A settlement agreement promising award of a contract on a sole-source basis in exchange for abandoning ongoing litigation, such as a bid protest, is not a permissible basis for restricting competition and excluding potential offerors. 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. 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. Tr. Consequently, the SPE refused to approve the sole-source award to Neptune. FAR 6.302-2(c)(2). Last updated: 1 February 2023 at 11:00am EST. 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. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. 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. 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). AR, Tab 56, Neptune Legacy Contract, at B-2. at 52. Aircraft fuel was to be provided by the government or, if contractor-incurred, separately reimbursed. Accordingly, we recommend that the agency reassess whether a sole-source contract with Neptune--for industrial mobilization reasons or any other reason--is necessary to meet its needs with regard to large airtanker services. [23] The ASA is USDAs Chief Acquisition Officer, and the SPE reports to the ASA. The Forest Service considers Neptune to be a vital supplier of airtankers. AG-024B-S-11-9009 for NextGen large airtanker services. AR, Tab54, Neptune Contract No. It seems like if were interested in creating a balanced source of supply we would award more air tankers to the other legacy contractor, Minden, or add more air tankers to the current Next Gen contractors versus issuing a noncompetitive award to an unsuccessful offeror. All rights reserved. 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. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. The aircraft was the 2762nd 737 built, and was delivered new to Southwest Airlines in November 1995. 3301(a)(1); FAR 6.101. 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. Id. 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