[29] The J&A also stated that no other sources had expressed interest in this acquisition, but then acknowledged the agency had made no effort to solicit responses from any other sources before making its determination. 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. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. [32] In relevant part, the FAR states as follows: (2) Full and open competition need not to be provided for when it is necessary to award the contract to a particular source or sources in order--. 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. 18, 2014, at 5. 3301(a)(1). These firms are building both capacity and employees skills. 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. 15, 2013. Although the Forest Services long term modernization strategy calls for 18-28 modern large airtankers, the Forest Service is currently dependent upon Legacy large airtankers to meet its needs. Coulson Group April 10, 2022. 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. 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. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Tr. 6. 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. The FireLiner conversion is scheduled to be completed in May 2021 in time for the next fire season in North America. The agency justified the sole-source award under 41 U.S.C. Neptune and the Forest Service had significant communications during the period between when Neptune learned it would not receive a NextGen contract and Neptunes receipt of a sole-source contract. Id. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2. Co., B-228502, Jan. 4, 1988, 88-1 CPD 1 at 3. AR, Tab67, NextGen RFP, atB-11. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. DOCUMENT FOR PUBLIC RELEASE 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. [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). Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. . When an agency uses noncompetitive procedures under 41 U.S.C. . We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. As explained below, the record does not support the USDAs decision to award a sole-source contract to Neptune for industrial mobilization purposes. Our highly experienced team of aerial firefighters are an invaluable firefighting asset for Australian emergency services authorities as they fight to protect human lives, infrastructure, wildlife and vegetation. 2. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. See AR, Tab 54, Contract No. [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. Get the latest business insights from Dun & Bradstreet. 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. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. Only supported aircraft types that are active with this airline are included in the calculations. 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. The determination of whether a party is interested to challenge a sole-source award involves considering, among other things, the basis of the sole-source award. A, Calculation of Total Estimated Cost. 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. [25] The ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise. [11] AR, Tab 11, Neptune Email to Contracting Officer, May 9, 2013. 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. at 32. Thus, the agencys J&A inaccurately described the services to be obtained from Neptune on a noncompetitive basis. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media [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. 29 Sep 1995. 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. The SPE did several things before taking any action on the Forest Services request. Although the aircrafts days as an operational water bomber have passed, Coulsons Hawaii Mars aircraft might take to the air again to provide aerial sightseeing tours and could also hit the airshow circuit one day in the future. Tr. Aircraft fuel was to be provided by the government or, if contractor-incurred, separately reimbursed. The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. Missouri Mach. Accordingly, while the J&A may demonstrate that the Forest Service needs more large airtanker services than it currently has under contract, the J&A completely fails to demonstrate that Neptune must be the supplier of such services or that Neptune currently requires a 9-year sole-source contract to keep it in business as a vital supplier for the agencys post-2017 needs. Id. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. Both Coulson and Minden also point to the fact that the sole-source award to Neptune makes it less likely that the Forest Service would execute airtanker options under the competitively-awarded NextGen contract. Please refer to the current fleet list to see each aircraft's individual age. "It's going to be a newer generation Skycrane tank," Britt Coulson said, adding that the tank in the Chinook can be removed in a two-hour time period. AR, Tab31, FI Email to USDA, Aug. 13, 2013, at 1. Coulsons and 10Tankers protests were dismissed as academic. 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. 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. Tr. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. On 6 February 2023, at 12:08 pm, the aircraft involved took off from the Busselton Margaret River Airport on the first of three missions that day to respond to a fire near Hopetoun. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. Critical to this justification are the following facts: 1. The protesters contend that the sole-source award to Neptune was improper, insofar as the agency promised to enter into the contract in exchange for Neptune withdrawing its protests of the NextGen contract awards. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. 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. AR, Jan. 31, 2014, at34-54. at 477-78; AR, Tab 36, AQM Director Email, Oct. 30, 2013. N619SW, operated by Coulson Aviation, departed from Busselton Airport south of Perth on Australia's west coast at 15:32 local time today. Our pilots, aircraft maintenance engineers, and logistics professionals are highly experienced individuals in the aviation industry. Agency Report (AR), Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at2. 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. Our Office confirmed the withdrawal of Neptunes protest and closed the file without rendering a decision on the protests merits. [17] Id. En route to the fires, the aircraft climbed to 29,000 feet (8,800m), before descending to around 700 feet (210m) over the fire zone once. [34] AR, Feb. 19, 2014, at 3-7. Tr. Id. AR, Feb. 19, 2014, at 3-4, 8. 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