[23] The ASA is USDAs Chief Acquisition Officer, and the SPE reports to the ASA. at 138, 235. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. 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. Agencies are provided, however, with authority to conduct noncompetitive procurements in specific limited circumstances. Coulson purchased six Boeing 737-300s from Southwest Airlines back in 2017. FAR 6.302-2(c)(2). 21.8(d)(1). Agency Report (AR), Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at2. at 735; Agency Post-Hearing Comments, Mar. 936 talking about this. [39] This is significant because where, as here, an agency proposes to award a sole-source contract under the industrial mobilization exception to the general competition requirements, the amount being ordered must meet--not exceed--the objectives of this authority. 3301(a)(1); FAR 6.101. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. 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. [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. at5556. [20] Id. The RUS also questioned whether Neptune had the ability to modify the payment terms of any of its existing long terms debts. D, 2012 NextGen Contract Award Abstract. at 45. See Sabreliner Corp., supra. AR, Jan. 31, 2014, at 9. Only supported aircraft types that are active with this airline are included in the calculations. at 691, 696. Agency Post-Hearing Comments, Mar. Coulson Aviation (USA) Inc.; 10Tanker Air Carrier, LLC., B-406920 et al., Sept. 7, 2012. 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. N619SW, operated by Coulson Aviation, departed from Busselton Airport south of Perth on Australia's west coast at 15:32 local time today. See FAR 6.302-3. at 53. These firms are building both capacity and employees skills. See AR, Tab 35, USDA Email to Neptune, Sept. 17, 2013, at 1; Tr. 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. E: cg@coulsongroup.com 41 U.S.C. The agency anticipates issuing a similar contract modification for the 2014 fire season. The decision issued on the date below was subject to a GAO Protective Order. Pursuant to the FAR, the head of a contracting activity only has the authority to approve noncompetitive awards of up to $62.5 million. 18, 2014, at7. [6] We conducted a hearing there to receive testimony concerning the agencys conduct of the procurement. [4] In resolving this protest, GAO conducted a 2-day hearing to receive testimony from various agency officials involved in this procurement. . 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!!!!! [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. 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. . On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. AR, Tab 49, J&A, Dec.9, 2013, at 1. These protests followed publication of the sole-source award to Neptune in FedBizOpps. 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. We find this argument to be entirely without merit, and the reliance on FAR 6.304(d) misplaced; an accurate description of the services being obtained on a noncompetitive basis is not limited to the options that must be included when determining the J&As approval authority. at 32. Coulson has not released any additional specific technological modifications or upgrades it is making to the aircraft. Tr. AR, Tab67, NextGen RFP, atB-11. R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . [2][6], The aircraft involved in the crash was a 27-year-old Boeing 737-300, with serial number 28035 and registered as N619SW. 2. Absent from the J&A, however, was any discussion regarding Neptunes need for a sole-source contract to remain a source of supply. Earth Prop. The agency justified the sole-source award under 41 U.S.C. Competition encourages innovation and lower prices. Id. 3553(d)(3)(A), Neptunes protest triggered a stay of the NextGen contract awards pending our resolution of the protest. The SPE made a series of requests of the Forest Service for additional information, including Neptunes financial statements and balance sheets, Neptunes Legacy contract, and documents related to the NextGen procurement. AR, Tab 57, Neptune Letter to Contracting Officer, Apr. Id. Shortly thereafter the Forest Service modified Neptunes Legacy contract and added an additional BAe-146 aircraft for the 2013 fire season at a total estimated price of $4,960,200. 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. First, the SPE and her staff familiarized themselves with the NextGen procurement and the Forest Services requirements for large airtankers generally. Download VCard. AR, Tab 72, Neptune Letter to GAO, June 6, 2013. 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. Specifically, in making her recommendation the SPE stated as follows: General Public policy, the Competition in Contracting Act, and the FAR promote competition to ensure a fair playing field for firms interested in doing business with the Federal government. 18, 2014, at 7. 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. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. [9] AR, Tab61, Neptune Legacy Contract Mod. [29] Id. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. Get the latest business insights from Dun & Bradstreet. The aircraft climbed out of the area and returned to its base at 3:08 pm, after descending once over the fire zone. Tr. Tr. 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. Neptunes Financial Stability - . Id. See Hearing Transcript (Tr.) One exception to this requirement is where an agency determines that it is necessary to maintain a vital source of supply for industrial mobilization. 9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. at 439-41. in order . [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. Tr. AG-024B-C-14-9000, at B-1. 5. 4890 Cherry Creek Road Port Alberni, B.C. 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). 41 U.S.C. Its also the only large airtanker capable of carrying 63 firefighters to a fire without the need to reconfigure the cabin providing support, speed and flexibility to fires. [22] AR, Tab 32, Forest Service Letter to Neptune, Aug. 26, 2013, at 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. Tr. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. [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. See also Federal Acquisition Regulation (FAR) 6.302-3. Coulson Aviation Australia Global Leaders in Aerial Firefighting AERIAL FIREFIGHTING IN AUSTRALIA 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. Tr. They take very good care of their people. 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. [19] The settlement agreement was signed on the Forest Services behalf by its AQM Director, who was the head of the contracting activity. Although the J&A supported an award of two NextGen large airtankers for up to 9 years at a total estimated cost of $141,774,740, the contract actually awarded to Neptune permitted (by mutual agreement) the addition of two more airtankers to the first CLIN and three more airtankers to the second CLIN in each contract year. In responding to the protests, the agency has acknowledged that it was initially concerned that Neptune would immediately go out of business in during [sic] the 2013 fire season, leaving the Forest Service without any of the Legacy air tankers Neptune supplied under the contract awarded March 27, 2013. Agency Post- Hearing Comments, Mar. Quite simply, the existence of a settlement agreement does not permit a contracting agency to act in ways not otherwise permitted by applicable statutes and regulations. 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