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. Learn more about our Night Aerial Firefighting here. First, RUSs conclusion, that Neptune needed a NextGen contract to remain viable, was based entirely on unverified financial projections as provided by Neptune. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Gen. LEXIS 735 at *12. AR, Jan. 31, 2014, at 9. Accordingly, on June 21 the Forest Service informed the SPE of the settlement agreement that the agency had entered with Neptune, and requested that she execute a justification and approval (J&A) for the sole-source award. In a subsequent meeting conducted by the SPE, RUS employees generally agreed with the FI findings and conclusions. Coulsons and 10Tankers protests were dismissed as academic. DOCUMENT FOR PUBLIC RELEASE 18, 2014, at7. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. . 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). In order for a protest to be considered by our Office, a protester must be an interested party, that is, an actual or prospective offeror whose direct economic interest would be affected by the award or failure to award a contract. 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. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. Only supported aircraft types that are active with this airline are included in the calculations. The agency justified the solesource award under 41 U.S.C. 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. [15] The Forest Service had USDAs Rural Utilities Service (RUS) analyze Neptunes continued financial viability based on the information provided by Neptune.[16]. Tr. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. . See AR, Jan. 31, 2014, at 55. As the only aerial firefighting company operating both fixed-wing aircraft and Type 1 helicopters, Coulson Aviation (USA) Inc. is fully equipped to carry out aerial firefighting across the globe. This redacted version has been approved for public release. 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. 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. 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). Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. Boeing 737-3H4. The NRE Undersecretary emphasized the importance of large airtankers for wildland firefighting and the Forest Services need for additional airtankers, particularly with regard to the 2014 fire season. Shortly thereafter the Forest Service modified Neptunes Legacy contract and added an additional BAe-146 aircraft for the 2013 fire season at a total estimated price of $4,960,200. The SPE was not the only agency official providing advice to the ASA. Boeing 737-3H4 (WL) First Flight. [21] AR, Tab 29, FI Financial Analysis, Aug. 2, 2013, at1. 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. In a Coulson Aviation media release from Aug. 14, the company said: Since 2009 we have pioneered various intelligence programs focused on creating additional accountability and value for government agencies. (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. 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. 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. [12] We dismissed Neptunes challenge to the awards related to CLINs 1-3 because Neptune was not an interested party to challenge awards under line items for which it had not submitted a proposal. 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). He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. A noncompetitive contract was awarded to Neptune on December12. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. Further, USDA argues the fact that Neptune would not have Legacy-contract revenues after 2017 was so obvious as to not warrant any business analysis focused on the years after 2017. Agency Post-Hearing Comments, Mar. 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. Accordingly, while the agency contends that the J&A did not rely on the FI financial analysis to assess Neptunes long-term viability, neither did the agency rely on any other information when making such an assessment. 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.). Tr. [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. See Agency Post-Hearing Comments, Mar. 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 direct supervisors/managers are open door and good listeners. 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. [9] AR, Tab61, Neptune Legacy Contract Mod. . Age. at45253. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. AR, Jan. 31, 2014, at34-54. 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. 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). It returned to the same airport at 1:26 pm. 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. A, Calculation of Total Estimated Cost. The second Mars aircraft, Philippine Mars, was repainted in 2015 back to its original dark blue U.S. Navy livery; the plan at that time was for it to fly to its final resting place and be preserved at the U.S. at 53. We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. 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. 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. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. [25] The ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise. 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. See also Federal Acquisition Regulation (FAR) 6.302-3. R. Cromwell Coulson serves as President, Chief Executive Officer, Director of the Company. Id. Moreover, apart from Neptunes own unsupported statements and the anecdotal views of various agency officials, the record contains no analysis or evidence of Neptunes financial condition after 2017.[36]. 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. [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. As a final matter, in addition to the fundamental lack of support for the J&As premise that Neptune now requires a 9-year sole-source contract in order to maintain the firm in the future as a vital supplier of aircraft, the record reflects that the J&A was premised on materially inaccurate information. at 457. 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. 1 The average fleet age is based on our own calculations and may differ from other figures. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. 10 Tanker Protest, Feb. 10, 2014, at120-35. . As stated above, our review of an agencys decision to conduct a noncompetitive procurement focuses on the adequacy of the rationale and conclusions set forth in the J&A. See also Federal Acquisition Regulation (FAR) 6.302-3. 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. Coulson Aviation puts employee and Aircraft safety as Job 1. E: cg@coulsongroup.com and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). 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. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. 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. Shortly after learning that it would not receive a NextGen contract award, Neptune informed the contracting officer of its intent to protest to our Office unless an acceptable solution could be worked out. Neptunes Financial Stability - . AR, Tab 144, RUS Email to USDA, June 3, 2013. AR, Feb. 19, 2014, at 3-4, 8. . [13] The FAM is the Forest Service program office that determines what aviation resources are needed to fulfill the agencys firefighting mission. Your email address will not be published. Have a story idea you would like to suggest? 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. 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. [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. [32] In relevant part, the FAR states as follows: (2) Full and open competition need not to be provided for when it is necessary to award the contract to a particular source or sources in order--. Tr. Winglets installed 2008. The SPE did several things before taking any action on the Forest Services request. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. N619SW, operated by Coulson Aviation, departed from Busselton Airport south of Perth on Australia's west coast at 15:32 local time today. 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). On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. . [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. [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. at5556. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media See FAR 6.302-2(d) (the total period of a noncompetitive contract awarded on the basis of urgency generally may not exceed the time necessary to satisfy the urgent needs). AR, Tab 72, Neptune Letter to GAO, June 6, 2013. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. 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. 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. [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). 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. [31] The agency points to the fact that the NextGen contracts include exclusive-use restrictions, such that the large airtankers that Coulson and Minden each already have under NextGen contract cannot also be offered to meet additional agency requirements. There are no executives at OTC Markets getting paid more. Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. Thus, the agencys J&A inaccurately described the services to be obtained from Neptune on a noncompetitive basis. Required fields are marked *. Id. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. . . 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. NI Indus., Inc., Vernon Div., supra. [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. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. 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