[t]o maintain a . In this regard, the agency maintains that it cannot tolerate any further delay in acquiring additional NextGen airtankers for the 2014 fire season. 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. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. Coulsons and 10Tankers protests were dismissed as academic. 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. Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. Tr. On its third mission, it took off at 3:32 pm. Id. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. It offers OTC Link Alternative Trading System, an interdealer quotation and trade messaging system; OTC Dealer, a real-time, front-end application that provides consolidated quotation, trading, and information system to attract and access market liquidity; OTC FIX, which uses the industry standard FIX protocol for quote submission, trading, and routing of execution reports; and OTC Link Electronic Communication Networks (ECN) that acts as the executing party on an agency basis in relation to transactions executed on the ECN's platform. 4 C.F.R. We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. 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. [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. E: cg@coulsongroup.com AR, Tab 67, NextGen RFP, at B-1. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. AR, Jan. 31, 2014, at 9. Earth Prop. . 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. In fact, the ASA testified that the agency plans to conduct additional competitions in the coming years under which Neptune is eligible to compete and could receive awards. 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. . End of Chile Aerial Firefighting Season 2022. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. AR, Jan. 31, 2014, at34-54. AR, Jan. 31, 2014, at 57. Naval Aviation Museum in Pensacola, Fla. Those plans fell through, but the plane may still find its way to a museum. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 500 Trillium Dr., Unit 23, Kitchener, ON N2R 1E5 | Phone: 519-748-1591 | Toll-Free: 1-866-834-1114 | Fax: 519-748-2537 at 466-67. Coulson Aviation puts employee and Aircraft safety as Job 1. Tr. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. . 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. Tr. 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. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. Id. 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. 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. [7] Although awarded under the Legacy contract, the BAe-146 is a modern large airtanker (Neptune proposed the same type of aircraft in response to the NextGen RFP, albeit with a more advanced version of the fire retardant tank system). The Forest Services procurement of NextGen airtanker services has a long and contentious history. 4890 Cherry Creek Road Port Alberni, B.C. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. 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. Jonathan D. Shaffer, Esq., John S. Pachter Esq., Mary Pat Buckenmeyer, Esq., and Rhina M. Cardenal, Esq., Smith Pachter McWhorter PLC, for Coulson Aviation (USA) Inc.; Thomas P. Humphrey, Esq., James G. Peyster, Esq., Olivia L. Lynch, Esq., Derek R. Mullins, Esq., and Robert J. Sneckenberg, Esq., Crowell & Moring LLP, for 10 Tanker Air Carrier, LLC; and Peter B. Hutt II, Esq., and Joseph W. Whitehead, Esq., Akin Gump Strauss Hauer & Feld LLP, for Minden Air Corp., the protesters. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. 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. fleet of Boeing 737 FIRELINERS, C-130 Hercules fire bombers, Today News Australia - Night Firefighting (https://youtu.be/7_2ip6H7rsQ). Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. at480. 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. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 5. The record shows, however, that the contract subsequently awarded to Neptune included the option of five additional large airtankers, for up to 9 years each, at a total estimated value of approximately $496 million--more than three times greater than what was approved. The SPE did several things before taking any action on the Forest Services request. Within Tanzania he has a comprehensive corporate/commercial practice covering all aspects of non-contentious transactional . Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. 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. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. At no time before the J&A was approved were FIs conclusions disputed or shown to be in error. See AR, Jan. 31, 2014, at 55. [27] 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. 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. Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. 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. . Coulson Aviation is the first company in the world to convert Boeing's 737 commercial airliners into FireLiner tankers. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. 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 462. Id. Id. . File: B-409356.2; B-409356.3; B-409356.4; B-409356.5; B-409356.6. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. See Sabreliner Corp., supra. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. [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. Read More. Rationale The rules do not support the issuance of a sole source award based on the fact that a firm did not win a competitive procurement or in exchange for a particular action, such as the withdrawal of a protest or [Freedom of Information Act] request. 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. 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. 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. 18, 2014, at 9-10, 21; see also Tr. 2. Please refer to the current fleet list to see each aircraft's individual age. 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. 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. When an agency uses noncompetitive procedures under 41 U.S.C. 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). [28] In fact, at the hearing conducted by our Office, the ASA testified that the financial analysis conducted by FI led [USDA] to an understanding that Neptune would not go out of business. Tr. 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. Have a story idea you would like to suggest? AG-024B-C-14-9000, atB-1. 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. [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. at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. FAR 6.303-2 identifies information required for an agencys justification of a noncompetitive procurement, stating, among other things, that the J&A shall include . The Forest Service will oppose any . 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. T: +255 76 898 8640. For the next three months the Forest Service tried to reach an alternative settlement agreement with Neptune. By August 2, FI completed its assessment of Neptunes financial viability. 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. [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. 18, 2014, at 5. . The TEB also provided award recommendations that were reviewed and accepted by the agencys source selection authority. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. [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. Overview. Disclaimer. [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. 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. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. A, Calculation of Total Estimated Cost. 3304(a). [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. 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). [3] The NextGen solicitation was intended to be the primary, but not the only, means by which the Forest Service met its modernization strategy goal of 18-28 modern large airtankers. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. [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. at45253. See Tr. 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. See Hearing Transcript (Tr.) Balanced Supply Source It is not clear how a noncompetitive award to Neptune would create a balanced source of supply . Thus, the agencys J&A inaccurately described the services to be obtained from Neptune on a noncompetitive basis. Neptunes Financial Stability - . [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). . 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). Id. On May 6, the Forest Service announced its intent to make the following awards: AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. 1 The average fleet age is based on our own calculations and may differ from other figures. 41 U.S.C. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. 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. at 473. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. The NextGen large airtankers are intended to replace the Forest Services use of Legacy large airtankers, which are generally much older, slower, and less reliable aircraft. See 31 U.S.C. We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. Coulson Aviation Usa doesn't have any recent trademark applications, indicating Coulson Aviation Usa is focusing on its existing business rather than expanding into new products and markets. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Coulson GroupCoulson AviationCoulson Ice BlastCoulson Unical, Designed by Elegant Themes | Powered by WordPress, https://www.youtube.com/watch?v=CgCgo-cpQxk, Coulson Aviation Australia (https://www.youtube.com/watch?v=CgCgo-cpQxk). E: michael.strain@bowmanslaw.com. [19] See FAR 6.304(a)(4). [a] description of the supplies or services required to meet the agencys needs (including the estimated value), [a] demonstration that the . They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. 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. 3553(c)(2). Determining whether a party is interested involves consideration of a variety of factors, including the nature of the issues raised, the benefit or relief sought by the protester, and the partys status in relation to the procurement. Sales Res. In my time with Coulson I haven't seen them skimp or cut corners anywhere. 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. 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. Last updated: 1 February 2023 at 11:00am EST. Coulson and 10 Tanker protested to our Office, challenging the agencys price and technical evaluations, communications with offerors, and source selection decision. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. . AG-024B-S-11-9009 for NextGen large airtanker services. Required fields are marked *. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). Please refer to the current fleet list to see each aircraft's individual age. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. 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. [2] AR, Tab67, NextGen RFP. On June 13, the Forest Service made NextGen contract awards as follows: AR, Tab 71, Neptune Protest, May 16, 2013 (B-406920.8), exhib. . AG-024B-C-14-9000 to Neptune Aviation Services, Inc., of Missoula, Montana, by the Department of Agriculture (USDA), U.S. Forest Service, for next generation (NextGen) large airtanker services for wildland firefighting support. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. See FAR 6.302-3. Tr. 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. Id. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. 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. 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. Based on all possible aircraft, the total estimated cost of the sole-source contract actually awarded to Neptune is $496,211,590.[30]. Id. . 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. T: (250) 724-7600 F: (250) 723-7766. [29] Id. 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. See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. Tr. Where a federal agency makes a sole-source award for purposes of maintaining a particular source for an item or service, concern for maximizing competition is secondary to the agencys industrial mobilization needs. (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. 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. [34] AR, Feb. 19, 2014, at 3-7. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. T-137 was purchased in May 2019 by . See also Federal Acquisition Regulation (FAR) 6.302-3. Turns out they have put the Mars back to work. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. Coulson Group April 10, 2022. See FAR 6.304(a)(3). 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. 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. [6] Although the agency considered these communications to be clarifications rather than discussions, a number of offerors were questioned about substantive issues, and their responses provided major revisions to their proposals. 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. [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. 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. 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. 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. 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. [17] The RUS later prepared a more formal response regarding Neptunes financial stability, but again, merely accepted the financial projections as submitted by Neptune without determining their validity. These protests followed publication of the sole-source award to Neptune in FedBizOpps. 3. On June 3, RUS provided USDA with its financial viability review of Neptune. 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. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. at 6-7. [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). [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. We will question those decisions only if the evidence shows that the agency has abused its discretion. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. 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