Tr. 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). [23] The ASA is USDAs Chief Acquisition Officer, and the SPE reports to the ASA. Find company research, competitor information, contact details & financial data for Coulson Aviation of Port Alberni, BC. By August 2, FI completed its assessment of Neptunes financial viability. Boeing 737-3H4. at 1. A, Neptune Rate Sheet. Tr. Only two of the five NextGen contractors are now in compliance with the contract and providing operational airtankers. 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. at 457. 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. 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. There are no executives at OTC Markets getting paid more. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). The SPE did several things before taking any action on the Forest Services request. Tr. The Forest Services procurement of NextGen airtanker services has a long and contentious history. AR, Tab63, Neptune Email to Contracting Officer, June 26, 2013. A global leader in aerial firefighting, emergency personnel transport and other industrial heavy lift operations. Id. 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. 3304(a)(3)(A) (2006), which provides for a noncompetitive award to a particular source to maintain that supplier for a national emergency or to achieve industrial mobilization. [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. They take very good care of their people. 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. Options offered by the Forest Service to Neptune included: (1) adding two additional BAe-146 aircraft to Neptunes Legacy contract (beyond the eight large airtankers then being provided), AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 2; and (2) offering Neptune a sole-source contract of such size that it could be approved below the level of the SPE (i.e., less than $62.5 million). Foster Coulson of Coulson Aviation said, A brand new technology package will be installed before [the aircraft] go to work. The aircraft will receive upgrades to their cameras and mission systems, as well as new liveries. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. [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. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. 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. However, changing its focus during the course of the protests, the agency has also argued that its actual concern is whether it could obtain sufficient NextGen airtankers for the 2014 fire season. The legendary Martin Mars water bombers owned by Coulson Aviation may take to the sky again. Tr. The fourth jet is awaiting delivery. As set forth above, agencies are generally required to conduct procurements using procedures designed to obtain full and open competition. Built as. T: (250) 724-7600 F: (250) 723-7766. at657-693. The NextGen RFP required aircraft to have a minimum payload of 2,400gallons, and a target of 3,000-5,000 gallons. at 691. They pride themselves on being the most efficient and safety conscious aerial firefighting team in Australia. Id. After taking on a new retardant load, it took off at 1:50 pm for the second mission. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. [29] Id. 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 70, NextGen Contract Award Abstract, May 6, 2013. 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. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. Neptune, however, rejected all offers that differed materially from the terms of the parties settlement agreement. [Forest Service] also has two firms on the legacy contract that can supply planes. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. 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. Moreover, apart from Neptunes own unsupported statements and the anecdotal views of various agency officials, the record contains no analysis or evidence of Neptunes financial condition after 2017.[36]. 001, May 15, 2013, at B-21. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. 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 TEB also provided award recommendations that were reviewed and accepted by the agencys source selection authority. Rather, the record demonstrates, as acknowledged by the agency, that Neptune is presently financially viable and is expected to remain financially viable through the term of its Legacy airtanker contract (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. . FAR 6.302-3(a)(2)(i). at735-36. 18, 2014, at 9-10, 21; see also Tr. at 107; AR, Tab 18, Neptune Settlement Agreement, June 6, 2013, exhib. The Forest Service considers Neptune to be a vital supplier of airtankers. Turns out they have put the Mars back to work. 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. Coulson Aviation puts employee and Aircraft safety as Job 1. The direct supervisors/managers are open door and good listeners. Tr. Tr. As a preliminary matter, USDA argues that the Coulson and Minden protests should be dismissed because these protesters are not interested parties. Net Profit : Trademark Applications . at127-29, the agency decided not to override the stay. Id., 21.8(f)(1). Coulson Aviation recently purchased four Cessna Citation II C550 jets that it will convert into aerial firefighting intelligence aircraft. 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. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. . 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. . On its third mission, it took off at 3:32 pm. 10 Tanker Protest, Feb. 10, 2014, at120-35. Experience. It returned to the same airport at 1:26 pm. Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. 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). 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. at 2, 4. The agency does not dispute that 10Tanker had an additional airtanker available (in fact, already performing) that met Forest Service requirements at the time the J&A was signed. 7. For example, our Office upheld a protest of a solesource award where an agency justified its failure to conduct a full and open competition on the basis that it had entered a settlement agreement promising the award of a contract in exchange for abandoning a threatened contract claim. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. As detailed below, the Forest Service entered into a settlement agreement with Neptune on the basis that the award of a sole-source, NextGen-type contract was necessary to maintain Neptune as a vital source of large airtankers. See Sabreliner Corp., supra. The SPE then asked FI to perform a comparison of its conclusions with those of RUS. Accordingly, on June 21 the Forest Service informed the SPE of the settlement agreement that the agency had entered with Neptune, and requested that she execute a justification and approval (J&A) for the sole-source award. Id. [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--. [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. AR, Tab 43, NRE Undersecretary Memo to ASA, Nov. 26, 2013, at 1-2. See Hearing Transcript (Tr.) As relevant here, the settlement agreement stated that: the Forest Service will award the Contract using noncompetitive procedures, pursuant to 41 U.S.C. Competition encourages innovation and lower prices. Wildland Fire Management: Improvements Needed in Information, Collaboration, and Planning to Enhance Federal Fire Aviation Program Success, GAO-13-684, Aug. 20, 2013, at 6. 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. See FAR 6.304(a)(3). . at 536. [8] Neptunes fuel costs were not included in the 2013 Legacy contract rates, as fuel was again to be government-provided or separately reimbursed. Tr. Minden Protest, Feb.10, 2014, at 2-3. All rights reserved. The agency anticipates issuing a similar contract modification for the 2014 fire season. Coulson Aviation Usa doesn't have any recent trademark applications, indicating Coulson Aviation Usa is focusing on its existing business rather than expanding into new products and markets. See e.g., AR, Tab 84, Forest Service Letter to Aero-Flite, Dec. 12, 2013. at 4-5. 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. [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. He received his BBA from Southern Methodist University in 1989 and holds an OPM from Harvard Business School. Accepting the projected revenues and expenses as provided by Neptune on their face, RUS ultimately concluded that the only scenario in which the company could obtain a positive net income over the next 5years was where Neptune received two NextGen contract awards in addition to its current Legacy contract. 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. See AR, Tab49, Neptune J&A, Dec. 9, 2013, attach. The newest addition to our fleet are the Coulson modified 737 FireLiner aircraft. 3304(a). [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. 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. Disclaimer. [24] The SPE testified that, in the meetings she attended, she heard no rationale advanced for a sole-source award to Neptune that she had not previously considered, and no rationale that she believed properly justified such an award. 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]. AR, Jan. 31, 2014, at 2526; Tab 1, FAM Director Declaration, Jan. 28, 2014, at 7; Tr. at79-80. By contrast, Neptune did not provide any detail with its cost projections to RUS, so it is unclear if fuel is included, or if government reimbursement is considered. Id. AR, Jan. 31, 2014, at 32. 15, 2013. at 53. Tr. The B737 FireLiner is capable of dropping 4,000 gallons (15,141 litres) of water or retardant while flying at maximum altitude and with no speed restrictions. AR, Feb. 19, 2014, at 17. 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. See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. 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). The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. Tr. at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. 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. 2020 Coulson Aviation is awarded a 5 year aerial firefighting contract for their Boeing 737 FIRELINER aircraft by the United States Forest Service (USFS). at 691, 696. Crocker Coulson is a 53-year-old Brooklyn resident, Yale graduate, former Fulbright scholar, father, and ex-husband. 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. T-137 was purchased in May 2019 by the NSW Rural Fire Service along with the two Coulson Citation II C550 support jets. at 52. [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. at 700. CICAs overriding mandate is for full and open competition in government procurements, obtained through the use of competitive procedures. Your email address will not be published. Rather, the record demonstrates that the sole-source contract--promised by the Forest Service in exchange for Neptunes withdrawal of an earlier bid protest--was without a reasonable basis. 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. 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