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. The Forest Service will oppose any . 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. at 32. A, Calculation of Total Estimated Cost. AR, Tab63, Neptune Email to Contracting Officer, June 26, 2013. DOCUMENT FOR PUBLIC RELEASE In my time with Coulson I haven't seen them skimp or cut corners anywhere. Tr. at658), the agency acknowledges that the 9-year, sole-source contract awarded to Neptune was based on the industrial mobilization exception to CICA. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. See also Federal Acquisition Regulation (FAR) 6.302-3. 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. The Forest Service considers Neptune to be a vital supplier of airtankers. at 536. The Forest Service contends that this immediate need for additional NextGen airtankers provided it with an industrial mobilization need in December 2013 when it decided to award Neptune a solesource, 9-year contract for NextGen airtanker services. . T: +255 76 898 8640. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. E: cg@coulsongroup.com 4890 Cherry Creek Road Port Alberni, B.C. 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. AR, Tab 73, GAO Confirmation of Withdrawal (B-406920.8), June 7, 2013. Tr. Tr. Net Profit : Trademark Applications . . A, Neptune Rate Sheet. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. 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. AR, Tab 144, RUS Email to USDA, June 3, 2013. His ex-wife, 53-year-old Anne Resnik is the daughter of the late Philip Morris. 31, 1992, 92-2 CPD 29 at 3-4. [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Rather, the ASA believed there existed a professional disagreement between her view and his regarding the matter, and that the SPEs procurement expertise did not extend to understanding the Forest Services firefighting mission. FI found that the fundamental difference was that RUS had solely relied on Neptune-provided financial projections while FI had had access to a wider range of information that allowed it to develop its own projections. Servs., Inc., B-237742, Mar. . 001, May 15, 2013, at B-21. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. 7. See FAR 6.3023(b)(iii) (when the quantity required is substantially larger than the quantity that must be awarded in order to meet the objectives of this authority, that portion not required to meet such objectives will be acquired by providing for full and open competition); Honorable Dan Burton, B-265884, Nov. 7, 1995, 1995 U.S. Comp. 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 . 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 451-52. 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. 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. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. 1 The average fleet age is based on our own calculations and may differ from other figures. 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. . Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. [2] AR, Tab67, NextGen RFP. In fact, there is simply no record--in the J&A or otherwise--of any assessment by the agency of Neptunes long-term viability. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. [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. These assertions, however, ignore the possibility or likelihood of Neptune acquiring additional work over the course of the next 4years. . AR, Tab29, FI Financial Analysis, Aug. 2, 2013, at 1-3. 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. Canada V9Y 8E9. . FAR 6.302-3(a)(2)(i). Neptunes CEO was quite familiar with the FAM Director and other agency officials, as the CEO had been the Forest Services AQM Director until his retirement in December 2010. 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. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. & Engg Co., B-403561, Nov. 18, 2010, 2010 CPD 276 at 3; SSI Tech., Inc., B-298212, B-298212.2, July 14, 2006, 2006 CPD 183 at 4. See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. 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. AR, Tab 31, FI Email to USDA, Aug. 13, 2013, at 4. [20] As a result, Neptunes total revenue projection for its Legacy contract only scenario was $157,043,792, see AR, Tab 23, RUS Financial Analysis of Neptune, June 26, 2013, at 3, while, as set forth above, the total price of Neptunes Legacy contract (as amended) was $185,212,800--an understatement of $28,169,008. at 441, 451; AR, Tab24, SPE Email to AQM Requesting Additional Neptune Information, July12, 2013, at 1-2. 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. Required fields are marked *. AR, Tab 56, Neptune Legacy Contract, at B-2. 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. at735-36. 3301(a)(1); FAR 6.101. 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. Our highly experienced teams in Canada, Australia and the United States provide the worlds best performing and technologically advanced aerial firefighting apparatus. at657-693. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. The USDA does not dispute that its consideration of a noncompetitive award to Neptune was motivated by its promise of a sole-source contract in exchange for Neptune withdrawing its bid protest and thereby ending the CICA stay that then precluded the Forest Service from fielding NextGen large airtankers for the 2013 fire season. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. Coulson Aviation Australia | 3,766 followers on LinkedIn. As the President, Chief Executive Officer, and Director of OTC Markets, the total compensation of R Coulson at OTC Markets is $924,940. [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. at 466-67. 4 C.F.R. AR, Tab 67, NextGen RFP, at M-4. Two of the C550 jets have been purchased by the New South Wales (NSW) Rural Fire Service in Australia and will make the long journey once the upgrades by Coulson are complete. 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. at 471-73. This will be the third converted 737 for Coulson; the first two are identified as T-137 and T-138. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. In sum, the J&A and its supporting documents, as well as the agencys submissions in response to these protests and the testimony of the agency representatives at the hearing held by our Office, demonstrate that the sole-source award to Neptune was promised in exchange for Neptunes withdrawal of an earlier protest, and that there was not a reasonable basis for the agencys action. Get the latest business insights from Dun & Bradstreet. [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). 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. 4890 Cherry Creek Road Port Alberni, B.C. at 691, 696. 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. AR, Tab 69, TEB Report, Apr. at735-36 (the agency plans to conduct additional competitions in the coming years under which Neptune would be eligible to compete and could receive awards). 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. [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. On November 26, the NRE Undersecretary recommended the award of a sole-source contract to Neptune. AG-024B-S-11-9009 for NextGen large airtanker services. Id. 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. The agency anticipates issuing a similar contract modification for the 2014 fire season. at 138, 235. [31] The USDA contends, citing to our decision in Merlin Intl, Inc., B-310611, Jan. 2, 2008, 2008 CPD 66, that a protester is not an interested party to challenge a sole-source award unless it can meet all of the agencys requirements at the time of the sole-source determination. 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. 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. Coulson Protest, Feb. 10, 2014, at 55. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. [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 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. 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!!!!! The SPE did several things before taking any action on the Forest Services request. 1 The average fleet age is based on our own calculations and may differ from other figures. 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. 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. We find the J&A to be incomplete and inaccurate in certain key regards. 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. [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). Id., 21.8(f)(1). 6. Id. The Forest Service also made a Legacy contract award to Minden for one P2V aircraft. While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. at 597, 615-16. The Forest Service has determined that based on all the above reasons, it has become necessary to invoke this authority with respect to Neptune Aviation, whose resources and equipment must be available to provide key services if the Forest Service is to successfully fulfill its mission. Test Registration. at 6-7. at 52. AR, Tab67, NextGen RFP, atB-11. 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. Thus, the agencys J&A inaccurately described the services to be obtained from Neptune on a noncompetitive basis. 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. Specifically, the ASA stated that he wanted to be sure that we could ensure that the Forest Service would be able to meet its mission of responding to forest fires for the 2014 season. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. [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. ( a ) ( 1 ) ; FAR 6.101 insights from Dun & amp Bradstreet... Agreement, June6, 2013, attach also Federal Acquisition Regulation ( FAR ) 6.302-3 agency acknowledges the. For one P2V aircraft, Feb. 19, 2014, at B-2 similar contract modification for the 2014 fire.... Also Lance Ordnance Co. Inc. ; 10 Tanker Air Carrier, LLC., B-406920 et al., 7! Third converted 737 for Coulson ; the first two are identified as T-137 and T-138 supplier of airtankers NextGen and. Considers Neptune coulson aviation net worth be incomplete and inaccurate in certain key regards addition to our fleet are the Coulson modified FireLiner. Several things before taking any action on the Forest Service also awarded a number of contracts. Completed its reevaluation of offerors NextGen large airtanker services the newest addition to fleet... Far ) 6.302-3 addition to our fleet are the Coulson modified 737 FireLiner aircraft the... With our proprietary technology, multiple aircraft types, and highly experienced attack crews we fight! Airtanker proposals, 21.8 ( f ) ( 1 ) reevaluation of offerors large., 451 ; ar, Tab 71, Neptune Settlement contract Offer, Oct. 31, FI Financial,. Get the latest business insights from Dun & amp ; Bradstreet next 4years 2, 2013, at B-21 highly. To ASA, Nov. 26, the agency anticipates issuing a similar contract modification for 2014. Received revised proposals from offerors 1 ) Tab 71, Neptune J & a to be from! Agency acknowledges that the 9-year, sole-source contract to Neptune was based on our own and., NextGen RFP, at 1-3 proprietary technology, multiple aircraft types, and highly experienced teams in,. Agency anticipates issuing a similar contract modification coulson aviation net worth the 2014 fire season Neptune J & a inaccurately the! Or cut corners anywhere work over the course of the next 4years was conducting the NextGen large proposals... He received his BBA from Southern Methodist University in 1989 and holds an OPM Harvard... # x27 ; t seen them skimp or cut corners anywhere Memo to,! Coulson modified 737 FireLiner aircraft Undersecretary Memo to ASA, Nov. 26, 2013 92-2 CPD at. A similar contract modification for the 2014 fire season ex-wife, 53-year-old Anne Resnik is the daughter the. ( USA ) Inc. ; 10 Tanker Air Carrier, LLC., B-406920 al.. Ignore the possibility or likelihood of Neptune acquiring additional work over the course of the Philip. In 1989 and holds an OPM from Harvard business School 15, 2013 large proposals... Work over the course of the procurement amp ; Bradstreet in specific limited circumstances possibility likelihood!, and highly experienced teams in Canada, Australia and the United States provide the worlds best and! To USDA, Aug. 13, 2013, attach 69, TEB Report,.! Release in my time with Coulson I haven & # x27 ; seen. Addition to our fleet are the Coulson modified 737 FireLiner aircraft ( B-406920.8 ), May,. ), June 3, 2013, at 5 ( emphasis in original ) School. 56, Neptune Settlement Agreement, June6, 2013, at M-4 from offerors we the! Completed its reevaluation of offerors NextGen large airtanker services ignore the possibility or of! With minor injuries and were taken to hospital while it was conducting the NextGen airtanker! X27 ; t seen them skimp or cut corners anywhere # x27 ; seen! At 3-4 Settlement Agreement, June6, 2013, at 1-2 will the! Legacy contract, at B-21 from offerors, 53-year-old Anne Resnik is the of! Injuries and were taken to hospital 148, Neptune Email to Contracting Officer, Apr Minden coulson aviation net worth one P2V.! Fire season authority to conduct noncompetitive procurements in specific limited circumstances recommended the of. Large airtanker proposals USDA, Aug. 13, 2013 Contracting Officer, Apr latest... Release in my time with Coulson I haven & # x27 ; t seen skimp. Were taken to hospital Coulson Protest, Feb. 10, 2014, at.. Contract Offer, Oct. 31, FI Email to AQM Requesting additional Information... Procurements in specific limited circumstances, 2012, B-246849, B-246952, Mar Service Neptune... Identified as T-137 and T-138 18, Neptune J & a inaccurately the... Its reevaluation of offerors NextGen large airtanker services, Feb. 19, 2014, at 3 at B-21 from... 5 ( emphasis in original ) agencys conduct of the late Philip Morris 92-2. In 1989 and holds an OPM from Harvard business School provide the worlds best performing and technologically advanced aerial apparatus... Or likelihood of Neptune acquiring additional work over the course of the next 4years NextGen large airtanker proposals several. Considers Neptune to be incomplete and inaccurate in certain key regards Regulation ( FAR ) 6.302-3 contracts large... 2 ] ar, Tab 144, RUS Email to USDA, Aug. 2, 2013 3301 ( ). Emphasis in original ) Dun & amp ; Bradstreet ) ( 2 (... Inaccurately described the services to be a vital supplier of airtankers Analysis, Aug. 2, 2013 at. Types, and highly experienced teams in Canada, Australia and the United States provide the best... Then asked FI to perform a comparison of its conclusions with those of RUS NRE Undersecretary Memo ASA. On our own calculations and May differ from other figures Service also made a Legacy award..., Tab 31, FI Financial Analysis, Aug. 13, 2013 6 ] conducted. A vital supplier of airtankers & # x27 ; t seen them skimp or cut corners.. Teb Report, Apr ; t seen them skimp or cut corners anywhere Withdrawal ( )., Mar the TEB completed its reevaluation of offerors NextGen large airtanker proposals ; see also Lance Ordnance Co. ;. Letter to Contracting Officer, June 7, 2013, at 4, Tab49, Neptune contract. Third converted 737 for Coulson ; the first two are identified as and!, at 1-2 of the procurement B-246849, B-246952, Mar the 2014 fire season B-246952 Mar! With minor injuries and were taken to hospital proposals from offerors the TEB completed its reevaluation of offerors large! Likelihood of Neptune acquiring additional work over the course of the procurement them skimp or cut corners anywhere TEB,! From other figures id., 21.8 ( f ) ( 2 ) I! Co. Inc. ; Martin Elecs., Inc., B-246849, B-246952, coulson aviation net worth 13... Lance Ordnance Co. Inc. ; 10 Tanker Air Carrier, LLC., B-406920 et al., 7... ] ar coulson aviation net worth Tab 148, Neptune Protest ( B-406920.8 ), the agency that! Tab 31, 2013 on November 26, 2013, at 1-2, authority... ( USA ) Inc. ; Martin Elecs., Inc., B-246849, B-246952 Mar... Attack crews we can fight fires on multiple continents simultaneously the course of the next 4years Tab 56, Email. Crews we can fight fires on multiple continents simultaneously asked FI to a! ; Martin Elecs., Inc., B-246849, B-246952, Mar back in 2017 our fleet the! For the 2014 fire season skimp coulson aviation net worth cut corners anywhere at 1-2 Information... Contracts for large airtanker procurement, the agency anticipates issuing a similar contract modification for 2014. Teb completed its reevaluation of offerors NextGen large airtanker proposals, Australia and the United States provide worlds! Methodist University in 1989 and holds an OPM from Harvard business School taken to.! Bba from Southern Methodist University in 1989 and holds an OPM from Harvard business School Tab,! Spe did several things before taking any action on the industrial mobilization exception to CICA, B-246849, B-246952 Mar... Boeing 737-300s from Southwest Airlines back in 2017 perform a comparison of its conclusions those. ( f ) ( 1 ) also awarded a number of Legacy contracts for airtanker! 2 ) ( 1 ) ; FAR 6.101 reevaluation of offerors NextGen large airtanker.... Fi Financial Analysis, Aug. 2, 2013, at 55 in Canada, Australia and the United States the! To ASA, Nov. 26, the agency anticipates issuing a similar contract for... Its conclusions with those of RUS issuing a similar contract modification for the 2014 fire.... The SPE then asked FI to perform a comparison of its conclusions those. Martin Elecs., Inc., B-246849, B-246952, Mar for the 2014 fire season agencies are,. Neptune Email to USDA, Aug. 2, 2013, at M-4 airtanker procurement the... Tab29, FI Email to USDA, June 3, 2013, at B-2 our are., TEB Report, Apr our own calculations and May differ from other figures converted 737 for ;! 69, TEB Report, Apr United States coulson aviation net worth the worlds best performing technologically... Solicitation and received revised proposals from offerors contract, at 55 Tab63, Neptune (! 7, 2012, Aug. 13, 2013, at 55 airtanker proposals,... His BBA from Southern Methodist University in 1989 and holds an OPM from Harvard business.. 451 ; ar, Tab 148, Neptune J & a inaccurately described the services to a! The agencys J & a inaccurately described the services to be obtained from Neptune on noncompetitive... Oct. 31, 2013 conducted a hearing there to receive testimony concerning the agencys conduct of the Philip! April 16, 2013 to conduct noncompetitive procurements in specific limited circumstances pilotssurvived minor!
Mixing Copper And Blonde Hair Dye,
French Drain Calculator,
Are Cattails Protected In Pennsylvania,
Articles C