Its also the only large airtanker capable of carrying 63 firefighters to a fire without the need to reconfigure the cabin providing support, speed and flexibility to fires. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. Tr. There are 6 older and 13 younger executives at OTC Markets. . 001, May 15, 2013, at B-21. Please refer to the current fleet list to see each aircraft's individual age. 4 C.F.R. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. 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. at 457. [37] In fact, Neptune states that its going out of business concerns applied to the period after the end of the Legacy contract in 2017. [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). Tr. 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. Although not stated in the award abstract, based on all aircraft and performance period options, the total amount per CLIN was approximately $350-$400 million. AR, Jan. 31, 2014, at 57. . No definite plans have been reached to date. 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. & 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. at 1. 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. [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 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. 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). 18, 2014, at 9-10, 21; see also Tr. at 451-52. 14, 1990, 90-1 CPD 273 at 4-5, affd, B-237742.2, June 11, 1990, 90-1 CPD 546; Techplan Corp., B-234161, May 12, 1989, 89-1 CPD 452 at 5. 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. 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. [19] See FAR 6.304(a)(4). 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. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. 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. As detailed above, the agency had two financial analyses of Neptune conducted after the company alleged it would go out of business without a NextGen contract award. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. To the extent the agency believed an urgent need for large airtanker services would justify a noncompetitive 9-year contract, there is no analysis or explanation in the record demonstrating that this is so.[38]. 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 puts employee and Aircraft safety as Job 1. 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. . Canada V9Y 8E9. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. Our teams pride themselves on operating safely and efficiently, with the ability to handle intense pressure in the most extreme firefighting theatres on earth. [9] AR, Tab61, Neptune Legacy Contract Mod. 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. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. The SPE was not the only agency official providing advice to the ASA. 1 The average fleet age is based on our own calculations and may differ from other figures. See Hearing Transcript (Tr.) On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. Michael Strain is one of East Africa's most active corporate/M&A lawyers; based in Tanzania but also covering the wider region. We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. By contrast, Neptune did not provide any detail with its cost projections to RUS, so it is unclear if fuel is included, or if government reimbursement is considered. Id. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. Canada V9Y 8E9. As relevant here, the settlement agreement stated that: the Forest Service will award the Contract using noncompetitive procedures, pursuant to 41 U.S.C. 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. [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. It was retired by Southwest in August 2017, and transferred to Coulson Aviation later that month. 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. They take very good care of their people. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. [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 company will do the same . Tr. 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. 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 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. Overview. 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. See Ridgeline Indus., Inc., supra; Minowitz Mfg. Neptunes Financial Stability - . Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. 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. . 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. Save my name, email, and website in this browser for the next time I comment. (i) To maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization. Net Profit : Trademark Applications . 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. AG-024B-C-14-9000, atB-1. 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. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). See Tr. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. 4 C.F.R. Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. 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. Only supported aircraft types that are active with this airline are included in the calculations. Options offered by the Forest Service to Neptune included: (1) adding two additional BAe-146 aircraft to Neptunes Legacy contract (beyond the eight large airtankers then being provided), AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2; and (2) offering Neptune a sole-source contract of such size that it could be approved below the level of the SPE (i.e., less than $62.5 million). 10 Tanker Protest, Feb. 10, 2014, at120-35. Built as. 18, 2014, at 7. In responding to the protests, the agency has acknowledged that it was initially concerned that Neptune would immediately go out of business in during [sic] the 2013 fire season, leaving the Forest Service without any of the Legacy air tankers Neptune supplied under the contract awarded March 27, 2013. Agency Post- Hearing Comments, Mar. Tr. Id. 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. 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. The company also provides OTC Markets Real-Time Data products that provides quote, trade, and reference data for OTC Link ATS; OTC Markets Pricing and Reference Data products for detailed view into the securities and issuers within the OTC market; and compliance data products. They hire quality people to ensure they stay a quality Company. nature of the acquisition requires use of the authority cited, and [a] description of the market research conducted . 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. at 52. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. This redacted version has been approved for public release. Offerors were permitted to submit proposals for award of any or all of the CLINs, and were informed that awards would be made on a best value basis, considering price,[5] structural integrity, maintenance, equipment, past performance, and organizational experience factors. [37] Moreover, while FIs conclusions were limited to the period through 2017, at no time did the agency conduct any other analysis to determine Neptunes financial viability after 2017. [38] Any sole-source contract based on urgency presumably would have been 1 year in length (i.e., the 2014 fire season), not 9 years. 4890 Cherry Creek Road Port Alberni, B.C. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. 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. 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. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. 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. at 53. On this Wikipedia the language links are at the top of the page across from the article title. Coulson and 10 Tanker protested to our Office, challenging the agencys price and technical evaluations, communications with offerors, and source selection decision. 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. 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