Download VCard. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. Have a story idea you would like to suggest? We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. 18, 2014, at 9-10, 21; see also Tr. 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. 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. AR, Tab 56, Neptune Legacy Contract, at B-2. 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. 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. Our pilots employ night vision technology (NVG), allowing our attack crews to hover fill from open water sources, and carry out pinpoint fire suppression using laser guided drop technology. Your email address will not be published. Subsequently, the Forest Service realized that the sole-source contract promised to Neptune would require the approval of USDAs senior procurement executive (SPE). Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. Test Registration. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . at127-29, the agency decided not to override the stay. 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. AR, Jan. 31, 2014, at 9 n.7; Tr. On its third mission, it took off at 3:32 pm. [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. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. at 32. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. The J&A also stated that the agency took into account alternative resources, and found there were no certified large airtankers currently available that were not already under contract with the Forest Service capable of meeting NextGen contract requirements. at657-693. [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. [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. 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 a May 21 meeting between Neptunes CEO, Forest Service FAM and AQM Directors and staffs, and USDA counsel, the parties engaged in a series of settlement discussions concerning the Forest Services noncompetitive award of a NextGen contract to Neptune pursuant to FAR 6.302-3 (industrial mobilization) in exchange for Neptune withdrawing its May 16 protest. LouisA.Chiarella, Esq., and GuyR.Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. AR, Tab23, RUS Financial Analysis of Neptune, June 26, 2013, at 1-4. 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. Coulsons and 10Tankers protests were dismissed as academic. Servs., Inc., B-237742, Mar. Tr. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. Boeing 737-3H4 (WL) First Flight. The TEB also provided award recommendations that were reviewed and accepted by the agencys source selection authority. Tr. . [28] See AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1-6. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. Protests of the award of a sole-source contract for firefighting airtanker services under the industrial mobilization exception to the requirement to conduct a competitive procurement are sustained where the sole-source contract resulted from a settlement agreement in exchange for the awardees withdrawal of an earlier protest and the record does not contain an adequate justification reasonably supporting the agencys use of noncompetitive procurement procedures. 2. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. Disclaimer. The protesters argue that the agency put the cart before the horse, and agreed to settle Neptunes protest before properly determining that the promised sole-source award complied with CICA. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. . Our fleet currently features custom designed Hercules C-130s, Sikorsky S-61 helicopters, Boeing Chinook CH-47 helitankers, Sikorsky Black Hawk UH-60 helitankers, and our custom-converted Boeing 737 FireLiner fleet equipped with our proprietary RADS-XXL technology. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. Net Profit : Trademark Applications . OTC Markets executives and other stock owners filed with the SEC include: Track performance, allocation, dividends, and risks, Annotate, download XLSX & look up similar tables, Filter, compare, and track coins & tokens, Stocks and cryptocurrency portfolio tracker. 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 . 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. Agency Post-Hearing Comments, Mar. Get both those planes back in the air and putting out the US Fires. Similarly, the cost projections developed by FI assumed, per the terms of the Legacy contract, that Neptune would be reimbursed its fuel costs in addition to aircraft flight rates. 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.). Learn more about our Night Aerial Firefighting here. Experience. at 55, 75; AR, Tab 1, FAM Director Declaration, Jan. 28, 2014, at 5. Vertical and Vertical Valor are part of MHM Publishing Inc. All Rights Reserved 2020 | Terms of Use | Privacy Policy. On December 2, the SPE provided the ASA with a detailed memorandum and documents in support of her recommendation that he not approve the J&A. On June 3, RUS provided USDA with its financial viability review of Neptune. 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. 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. This redacted version has been approved for public release. Coulson Protest, Feb. 10, 2014, at 55. Earth Prop. 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. The protesters also point to the fact that the only legitimate financial analysis conducted (the analysis by FI) demonstrated that Neptune did not require a sole-source contract to remain viable, as recognized by the agencys SPE, who refused to approve the J&A. 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. Id. [1] Our decision in Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, B406920.6, B-406920.7, Aug. 22, 2013, 2013 CPD 197, provides additional details concerning the history of this procurement. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. The agency justified the sole-source award under 41 U.S.C. 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. AR, Tab 69, TEB Report, Apr. 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] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. Prior to OTC Markets Group, he was a trader and portfolio manager at Carr Securities Corporation, an institutional broker-dealer and market maker. [26] Neptune Aviation [presently] supplies the Forest Service with 8 of the 9 total Legacy airtankers, which represents 88 percent of the Legacy fleet. AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. Read More. These assertions, however, ignore the possibility or likelihood of Neptune acquiring additional work over the course of the next 4years. Maintain Capacity and Employee Skills - The [Forest Service] currently has a supplier base of five firms on the Next Gen contract. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media Tr. 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. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. 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. 5. Moreover, given the contract options available to the Forest Service under the competitively-awarded NextGen contracts, Neptune may no longer represent a vital source that must be maintained by the Forest Service after 2017. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. . As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. These specific C550s were originally modified and equipped with military fire-control radar, sophisticated infrared cameras, custom instrument panels and law enforcement communication packages. Teb also provided award recommendations that were reviewed and accepted by the agencys source selection authority contract! 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