GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. See AR, Jan. 31, 2014, at 55. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. 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. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. at 2, 4. [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. 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. at 691. Neptune subsequently protested to our Office on May 16 challenging all of the NextGen contract awards. There are no executives at OTC Markets getting paid more. In a post to Facebook, Coulson Aviation (USA) named captain Ian McBeth, first officer Paul Hudson and flight engineer Rick DeMorgan Jr as the aerial firefighting crew who died in the crash of the . Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. Outdoor Venture Corp., B-405423, Oct. 25, 2011, 2011 CPD 241 at 2; Ridgeline Indus., Inc., B-402105, Jan. 7, 2010, 2010 CPD 22 at 3. at 451-52. As detailed below, the record indicates that the verbal representations of Neptunes CEO concerning the firms financial viability were relied upon by the Forest Service when determining the agencys actions. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, supra, at 2. 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. Sales Res. 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. The fact that the J&A was inaccurate with regard to alternative sources is also important because where, as here, an agency proposes to award a sole-source contract premised on the vital nature of a supplier, it must accurately consider whether the industrial base can be maintained without resorting to noncompetitive procurements. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. 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. 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. While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. T-137 was purchased in May 2019 by . 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!!!!! [1][2][3] The crash resulted in the first hull loss of a Boeing 737 in Australia.[4]. 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. In accordance with the Competition in Contracting Act (CICA), 31U.S.C. AR, Jan. 31, 2014, at 9 n.7; Tr. AR, Tab 44, SPE Memorandum to ASA Regarding Sole-Source Award to Neptune, Dec.2, 2013, at 1-112. 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. 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. 6. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. [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). 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. 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). The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. 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. 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 Australia | 3,766 followers on LinkedIn. 3301(a)(1); FAR 6.101. Your email address will not be published. Critical to this justification are the following facts: 1. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. [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. E: cg@coulsongroup.com 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. 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. The record also reflects that, after August 26, there generally was no longer any disagreement among the parties about Neptunes present financial viability. 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. Stay informed as we add new reports & testimonies. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. Id. The company has over 160,000. at 735; Agency Post-Hearing Comments, Mar. 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. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. 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. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. Tr. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. 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. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. [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. At no time before the J&A was approved were FIs conclusions disputed or shown to be in error. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. Tr. 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. 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. Tr. The J&A also failed to consider the additional large airtankers that Coulson had offered to make available to the Forest Service. 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. 3553(d)(3)(A), Neptunes protest triggered a stay of the NextGen contract awards pending our resolution of the protest. [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. On June 6, the Forest Service and Neptune entered into a written settlement agreement, under which the agency agreed to award Neptune a sole-source contract for two NextGen large airtankers in exchange for Neptune withdrawing its protest (and thereby ending the CICA stay of the NextGen contract awards). This redacted version has been approved for public release. DOCUMENT FOR PUBLIC RELEASE [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. . Neptune currently provides eight of nine Legacy airtankers (this includes the two BAe-146 aircraft provided by Neptune for the 2013 fire season). 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. Tr. They do not include all outstanding orders as reported by aircraft manufacturers. 4890 Cherry Creek Road Port Alberni, B.C. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. . The agency justified the sole-source award under 41 U.S.C. The aircraft was the 2762nd 737 built, and was delivered new to Southwest Airlines in November 1995. at 691, 696. 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. . Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. Nevertheless, USDA argues that it did not act improperly because the sole-source award complied with all applicable procurement statutes and regulations. AR, Jan. 31, 2014, at 57. 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. The company will do the same . Get both those planes back in the air and putting out the US Fires. Planespotters.net 2023. at658), the agency acknowledges that the 9-year, sole-source contract awarded to Neptune was based on the industrial mobilization exception to CICA. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. [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). at 32. 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. Coulson Aviation puts employee and Aircraft safety as Job 1. AR, Jan. 31, 2014, at 32. Derek Heyes Photo. AR, Jan. 31, 2014, at 9. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. 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. See AR, Tab 54, Contract No. at 462. [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). With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. T: (250) 724-7600 F: (250) 723-7766. There are no executives at OTC Markets getting paid more. Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. Specifically, the J&A describes the services to be provided by Neptune as two NextGen large airtankers for up to 9 years, at a total estimated value of $141million. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. AR, Tab 49, J&A, Dec.9, 2013, at 1. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. AR, Tab54, Neptune Contract No. 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. Within Tanzania he has a comprehensive corporate/commercial practice covering all aspects of non-contentious transactional . Tr. 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 . AR, Tab 144, RUS Email to USDA, June 3, 2013. Coulsons and 10Tankers protests were dismissed as academic. Id. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. The Forest Services procurement of NextGen airtanker services has a long and contentious history. The protesters argue that the sole-source contract awarded to Neptune, which was promised in exchange for Neptunes withdrawal of an earlier bid protest, is not justified. AR, Jan. 31, 2014, at 16 n.14. 18, 2014, at 9-10, 21; see also Tr. at79-80. AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. 1 The average fleet age is based on our own calculations and may differ from other figures. (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. [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. [19] See FAR 6.304(a)(4). 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. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. 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). As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. 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. Following the evaluation of initial proposals, the agency submitted a number of questions to the offerors. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. Servs., Inc., B-237742, Mar. Executive Candidate Assessment and Development Program. The SPE did several things before taking any action on the Forest Services request. 3304(e); FAR 6.302-3(c), 6.303, 6.304; Sabreliner Corp., B-288030, B-288030.2, Sept. 13, 2001, 2001 CPD 170 at5. On its third mission, it took off at 3:32 pm. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. Id. Learn more about our Night Aerial Firefighting here. R. Cromwell Coulson serves as President, Chief Executive Officer, Director of the Company. . The Forest Service is not confident that five of the seven contracted NextGen airtankers will be available to fight fires in 2014. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Id. End of Chile Aerial Firefighting Season 2022. 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. Coulson Protest, Feb. 10, 2014, at 55. 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. Of questions to the Forest Services procurement of NextGen airtanker Services new to Southwest Airlines in November 1995. at,. Getting paid more informed as we add new reports & testimonies, then contract. Because the sole-source award complied with all applicable procurement statutes and regulations for coulson Aviation puts employee aircraft. Offered to make available to fight fires on multiple continents simultaneously it did not Act improperly because the sole-source to! 22, Contracting Officer Letter to RUS, June 25, 2013, Nov. 7, 2013, at.! 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