AG-024B-C-14-9000, atB-1. 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 56, Neptune Legacy Contract, at B-2. With contracts for aerial firefighting across the world, the work of the Coulson Aviation team has been featured in the aviation industry and media recently. After also finding Neptunes expected costs to be lower than the companys projections, FI concluded that Neptune would have the financial capacity to operate and continue performing on its in-place Legacy contract with the Forest Service through, at a minimum, calendar year 2016, without any further contract awards. Winglets installed 2008. AR, Tab 143, Forest Service Large Airtanker Modernization Strategy, Feb. 10, 2012, at 2. 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. at658), the agency acknowledges that the 9-year, sole-source contract awarded to Neptune was based on the industrial mobilization exception to CICA. However, the sole-source award being contemplated--two large airtankers for up to 10 years--was valued at approximately $160 million. AR, Tab 148, Neptune Settlement Contract Offer, Oct. 31, 2013. Tr. Tr. and the results or a statement of the reason market research was not conducted. FAR 6.303-2(b)(3), (5), (8). [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). Id., 21.8(f)(1). 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. (i) To maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization. AR, Tab 70, NextGen Contract Award Abstract, May 6, 2013. Subsequently, the Forest Service amended the NextGen solicitation and received revised proposals from offerors. 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. The companys latest 737, serial number N619SW, will undergo 43,000-man hours to complete the conversion to a FireLiner consisting of the gravity retardant aerial delivery system (RADS-XXL/2) tank, avionics upgrades, new interior with refurbished passenger seats and new paint in Coulson colours. We have six 737 FireLiner tankers, each receiving 43,000+ technician hours to become fully compliant and operational. See Ridgeline Indus., Inc., supra; Minowitz Mfg. Estimated reading time 5 minutes, 20 seconds. Tr. Coulson Aviation @CoulsonAviation Global leader in aerial firefighting, emergency personnel transport, and heavy lift operations operating a fleet of fixed and rotary wing aircraft. With our proprietary technology, multiple aircraft types, and highly experienced attack crews we can fight fires on multiple continents simultaneously. Neptune subsequently withdrew its request before any advance payment was made, stating that the company no longer needed the advance payment. [13] The FAM is the Forest Service program office that determines what aviation resources are needed to fulfill the agencys firefighting mission. Consequently, the Forest Services belief that Neptune is a vital source, as documented in the J&A, is based upon Neptunes supply of Legacy large airtankers, which the NextGen contract awards were designed to ultimately replace. Gen. LEXIS 735 at *12. The oldest executive at OTC Markets Group, Inc. is AndrewWimpfheimer, 63, who is the Director. 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]. The agency admits, however, that ultimately it concluded there was no concern with Neptunes present viability, but only with its viability after 2017. 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.). See, e.g., AR, Tab 34, Forest Service Email, Sept. 10, 2013, at 1. Specifically, the protesters argue that: (1) Neptune is not a vital supplier such that the large airtanker industrial base can be maintained without resorting to noncompetitive procurements; and (2)Neptune does not require a sole-source contract to remain a source of large airtankers. AR, Tab 18, Neptune Settlement Agreement, June6, 2013, at 3. [26] 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. The agency justified the solesource award under 41 U.S.C. 3304(a). AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. 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. [2] AR, Tab67, NextGen RFP. Tr. 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 NextGen RFP, issued as a small business set-aside, contemplated the award of multiple fixed-price contracts under seven contract line items (CLIN) for airtanker firefighting services on an exclusive-use basis. See Sabreliner Corp., supra. 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. FAR 6.302-2(c)(2). 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. OTC Markets Group Inc. was founded in 1904 and is headquartered in New York, New York. 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). Michael Strain is one of East Africa's most active corporate/M&A lawyers; based in Tanzania but also covering the wider region. 18, 2014, at7. Nine offerors, including Neptune, Coulson, 10 Tanker, and Minden, submitted proposals by the February 15, 2012, closing date. Tr. . 2 Future records only include new-built aircraft close to delivery and expected second-hand deliveries. Get both those planes back in the air and putting out the US Fires. Download VCard. Sales Res. 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. 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. Port Alberni, British Columbia coulsonaviationusa.com Joined June 2020 88 Following 2,469 Followers Tweets Tweets & replies Media We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. 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. Coulson points to the fact that in October 2013 it offered to provide the Forest Service with two additional large airtankers under the NextGen contract, and argues it would be available and ready to perform by an April28, 2014, start date (as established by the contract awarded to Neptune). See AR, Tab 22, Contracting Officer Letter to RUS, June 25, 2013. AR, Jan. 31, 2014, at 57. 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. Coulson Aviation Australia currently operates a number of New South Wales Rural Fire Service-owned aircraft andmanages all maintenance and fleet support systems for those RFS aircraft in Australia. [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. Fort Worth, TX: 69 : PROFESSIONAL AIRLINE SERVICES: Doral, FL: 42 : SOUTHWEST AIRLINES: Dallas, TX: 41 : UNITED . https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. 18, 2014, at 28. Two C550s are awaiting upgrades now at the Coulson Port Alberni, B.C., base, while another is presently being repainted elsewhere in the Coulson crimson and white livery. [25] AR, Tab 49, Neptune J&A, Dec. 9, 2013, at 1. On its third mission, it took off at 3:32 pm. [12] AR, Tab 71, Neptune Protest (B-406920.8), May 16, 2013. These assertions, however, ignore the possibility or likelihood of Neptune acquiring additional work over the course of the next 4years. The record also reflects that, after August 26, there generally was no longer any disagreement among the parties about Neptunes present financial viability. T: (250) 724-7600 F: (250) 723-7766. Disclaimer. The company will do the same . Coulson Group April 10, 2022. Tr. 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. [ 25 ] ar, Tab 40, Forest Service Large Airtanker Modernization Strategy, Feb. 10 2012. Neptune Settlement Contract Offer, Oct. 31, 2014, at 1 Markets... Contract award Abstract, May 6, 2013 Agreement, June6, 2013, at 1 Forest! Settlement Agreement, June6, 2013, at1-2 13 ] the FAM is the Director 3:32 pm Legacy... 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