Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. 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. [26] 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. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. As relevant here, the settlement agreement stated that: the Forest Service will award the Contract using noncompetitive procedures, pursuant to 41 U.S.C. The record also reflects that the NextGen contracts represent the primary, but not only, means by which the Forest Service plans to meet its modernization strategy goal of 18-28 modern large airtankers. We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. Rather, the protesters challenge the reasonableness of the agencys determination that the sole-source contract here is necessary to maintain a vital source of supply. See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. [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. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. Coulson Aviation Australia | 3,766 followers on LinkedIn. 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 decision issued on the date below was subject to a GAO Protective Order. Tr. [39] The agency argues that it did not have to include the additional aircraft in the J&As description, inasmuch as these bilateral options would not be included in determining the required justification approval level as set forth in FAR 6.304(d). Boeing 737-3H4 (WL) First Flight. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. Tr. . FAR 6.302-3(a)(2)(i). . Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for Neptune Aviation Services, Inc., the intervenor. Global Leaders in Aerial Firefighting Coulson Aviation (Coulson Aircrane Ltd.) is a privately owned family company based in Port Alberni, British Columbia, Canada. Save my name, email, and website in this browser for the next time I comment. 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. A Forest Service technical evaluation board (TEB) evaluated offerors proposals. They take very good care of their people. Tr. AR, Tab 49, J&A, Dec.9, 2013, at 1. Coulson Protest, Dec. 20, 2013, at 7-8; Coulson Protest, Feb. 10, 2014, at 4. at 2, 4. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. 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. [35] To the extent Neptune now represents a vital source, it is because of its Legacy contract. OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. Specifically, the agency contends that Coulson and Minden did not have additional large airtankers available at the time the J&A was signed that would be capable of performing the requirements of the Neptune sole-source contract (which has an April 28, 2014, start date). [9] AR, Tab61, Neptune Legacy Contract Mod. [A]n independent financial review revealed that Neptune has the financial capacity to operate and continue to supply planes under the current contract with no further contract awards. AG-024B-C-14-9000, at B-1. at 462. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. 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. 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). Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. T: (250) 724-7600 F: (250) 723-7766. Critical to this justification are the following facts: 1. Have a story idea you would like to suggest? Moreover, Neptune repeatedly informed the Forest Service that Neptune would file a lawsuit against the agency if the agency did not satisfy the terms of the parties settlement agreement. Michael Strain is one of East Africa's most active corporate/M&A lawyers; based in Tanzania but also covering the wider region. 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. What is the salary of R Coulson? Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media 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. [32] While there is both documentation and testimony suggesting some USDA and Forest Service officials believed the sole-source award here was based on urgency (i.e., having enough large airtankers available for the 2014 fire season, see Tr. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. 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. See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. 41 U.S.C. 4 C.F.R. 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. 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. Just as an agency is not permitted to make a noncompetitive award that exceeds the size or duration of an identified urgency, see FAR 6.302-2(d), an agency is also not permitted to make a noncompetitive award for industrial mobilization reasons where, as here, there has been no showing that the award is presently necessary to maintain a supplier even if deemed vital. [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). Nevertheless, USDA argues that it did not act improperly because the sole-source award complied with all applicable procurement statutes and regulations. 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 [17] Id. Id. 18, 2014, at 7. 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 agency justified the sole-source award under 41 U.S.C. [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. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. . at 4. 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 . 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. 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]. 4. Consequently, the SPE refused to approve the sole-source award to Neptune. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. The adequacy of the rationale and conclusions set forth in the J&A is dependent on the completeness and accuracy of the information included in the J&A. 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. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . [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. The company has over 160,000. 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!!!!! Earth Prop. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. 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). Tr. [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. 2020 . at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. 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. [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. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. Tr. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. Competition encourages innovation and lower prices. Thus, the agencys J&A inaccurately described the services to be obtained from Neptune on a noncompetitive basis. [29] Id. [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. AR, Jan. 31, 2014, at 32. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. On this Wikipedia the language links are at the top of the page across from the article title. Boeing 737-3H4. AR, Jan. 31, 2014, at 57. at 67.[4]. 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. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. Similarly, when considering alternative sources and the market research regarding such sources, the J&A states that [t]here are no certified [large airtankers] currently available that arent already under contract with the Forest Service. . AR, Feb. 19, 2014, at 17. 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. [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. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. Age. at 657-693. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. Id. Neptunes Financial Stability - . [33] Id. Disclaimer. 18, 2014, at7. [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. 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. Net Profit : Trademark Applications . AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. Today, the company's Coulson Aircrane aviation branch still offers helicopter logging but has expanded its ambitious mandate to include power line construction and forest fire suppression. 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