9 of the 16 potential [large airtankers] for 2014 are older and riskier to operate than newer NextGen airtankers. FAR 6.302-2(c)(2). 18, 2014, at7. Likewise, Minden states that it owns a second aircraft (BAe-146) that it is converting into an airtanker, and would be able to submit a proposal should the Forest Service conduct another competitive procurement. Tr. [8] AR, Tab56, Neptune Legacy Contract, at B-3 to B-21. The two crew members aboardboth pilotssurvived with minor injuries and were taken to hospital. On June 3, RUS provided USDA with its financial viability review of Neptune. While it was conducting the NextGen large airtanker procurement, the Forest Service also awarded a number of Legacy contracts for large airtanker services. Ever innovative and creative, Coulson Aviation has established night firefighting operations in Australia and California. Further, it offers software, and risk and performance analytics tools for the banking and finance industry; news, compliance, and communications solutions; online capital raising solutions; and OTCIQ, a market intelligence and investor relations portal. 3304(a). 41 U.S.C. Consequently, the agency argues, the J&A was not grounded on the agencys belief that Neptune would immediately go out of business without a NextGen contract, but was based on its concern with Neptunes continued availability as a large airtanker supplier after 2017 when its Legacy contract expired. . OTC Markets executives and other stock owners filed with the SEC include: Track performance, allocation, dividends, and risks, Annotate, download XLSX & look up similar tables, Filter, compare, and track coins & tokens, Stocks and cryptocurrency portfolio tracker. NI Indus., Inc., Vernon Div., B-223941, Dec. 15, 1986, 86-2 CPD 674 at 3. See FAR 6.302-3; see also Lance Ordnance Co. Inc.; Martin Elecs., Inc., B-246849, B-246952, Mar. AG-024B-S-11-9009 for NextGen large airtanker services. See AR, Tab 54, Contract No. 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). Coulson Aviation operates the only aerial firefighting fleet in the world consisting of both fixed-wing and Type 1 rotary-wing aircraft. at 700. Only supported aircraft types that are active with this airline are included in the calculations. 18, 2014, at 28. at 464. [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. The record also reflects that, after August 26, there generally was no longer any disagreement among the parties about Neptunes present financial viability. at5556. Our highly experienced teams in Canada, Australia and the United States provide the worlds best performing and technologically advanced aerial firefighting apparatus. At that time, the request for approval of the J&A was elevated to the ASA, a level above the SPE within the agencys hierarchy. [1] Our decision in Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC--Costs, B406920.6, B-406920.7, Aug. 22, 2013, 2013 CPD 197, provides additional details concerning the history of this procurement. . at480-85, 525-28; AR, Tab 149, SPE Briefing Paper for ASA, Oct. 7, 2013, at 1-7. AR, Tab 56, Neptune Legacy Contract, at B-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. In fact, there is simply no record--in the J&A or otherwise--of any assessment by the agency of Neptunes long-term viability. Earth Prop. AR, Tab 67, NextGen RFP, at B-1. 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. Interested Party Status of Coulson and Minden. AR, Tab 40, Forest Service Email, Nov. 7, 2013, at1-2. NI Indus., Inc., Vernon Div., supra. They were short staffed on driver's so . The fourth jet is awaiting delivery. The company was formerly known as Pink OTC Markets Inc. and changed its name to OTC Markets Group Inc. in January 2011. [17] Id. After a period of storage and conversion, it began operating as an air tanker in July 2022.[7][8]. . 3304(e); FAR 6.302-3(c), 6.303, 6.304; Sabreliner Corp., B-288030, B-288030.2, Sept. 13, 2001, 2001 CPD 170 at5. Here, the Forest Services description in its J&A of its noncompetitive requirements, as well as its consideration of alternative sources of supply, is inaccurate. Alternatively, if the J&A was accurate here, then the contract awarded to Neptune impermissibly exceeded what the ASA had approved. Planespotters.net 2023. 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. 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. 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. 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. Tr. AR, Tab 49, J&A, Dec.9, 2013, at 1. 18, 2014, at 5. When an agency uses noncompetitive procedures under 41 U.S.C. at 469-70; AR, Tab 145, FAM Email to USDA, Sept. 3, 2013. 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. Boeing 737-3H4. in order . AG-024B-C-14-9000 to Neptune Aviation Services, Inc., of Missoula, Montana, by the Department of Agriculture (USDA), U.S. Forest Service, for next generation (NextGen) large airtanker services for wildland firefighting support. Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. 31, 1992, 92-2 CPD 29 at 3-4. at 658. The protesters generally do not dispute that the Forest Service requires additional large airtankers to perform its firefighting mission. 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. A, Neptune Rate Sheet. at 471-73. Protecting Australia from bushfires with our state-of-the-art aerial firefighting fleet, pilots and support staff. 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. Tr. The TEB also provided award recommendations that were reviewed and accepted by the agencys source selection authority. . R Coulson is 53, he's been the President, Chief Executive Officer, and Director of OTC Markets since . Id., 21.8(f)(1). We are world leaders in aerial firefighting innovation, providing meticulously serviced aircraft in order to safely and efficiently attack fires 24/7. A stand down may be undertaken when the operator believes there is something which might distract the pilots from safely completing their missions. Theres no evidence to support the assertion that Neptune would not be able to meet an emergency need for aircraft. [27] Winglets installed 2008. Matter of: Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp. The Forest Service considers Neptune to be a vital supplier of airtankers. 3301(a)(1). The NextGen large airtankers are intended to replace the Forest Services use of Legacy large airtankers, which are generally much older, slower, and less reliable aircraft. We first implemented our night aerial fire suppression protocols in response to the 2009 Black Saturday bushfires in Victoria Australia. [13] The FAM is the Forest Service program office that determines what aviation resources are needed to fulfill the agencys firefighting mission. GAO Notice of Partial Dismissal (B-406920.8), June 5, 2013. See York Intl Corp., supra; Department of the Army--Recon., B-237742.2, June 11, 1990, 90-1 CPD 546. at79-80. While it was conducting the NextGen large airtanker procurement, the Forest . 936 talking about this. By August 2, FI completed its assessment of Neptunes financial viability. On April 16, the TEB completed its reevaluation of offerors NextGen large airtanker proposals. Coulson's and 10 Tanker's protests were dismissed as academic. Coulson Protest, Feb. 10, 2014, at 55. These protests followed publication of the sole-source award to Neptune in FedBizOpps. 3. Stay informed as we add new reports & testimonies. 41 U.S.C. Get both those planes back in the air and putting out the US Fires. https://www.latimes.com/california/newsletter/2020-09-16/mt-wilson-observatory-bobcat-fire-hubble-universe-essential-california. 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. It offers OTC Link Alternative Trading System, an interdealer quotation and trade messaging system; OTC Dealer, a real-time, front-end application that provides consolidated quotation, trading, and information system to attract and access market liquidity; OTC FIX, which uses the industry standard FIX protocol for quote submission, trading, and routing of execution reports; and OTC Link Electronic Communication Networks (ECN) that acts as the executing party on an agency basis in relation to transactions executed on the ECN's platform. Neptune Comments, Feb.24, 2014, at 3-5, citing AR, Tab 150, Neptune Financial Assumptions, May 29, 2013 ([b]ased on denial of contracts under the Next Generation Airtanker Services Solicitation, Neptune is now faced with extinction after the expiration of the Legacy Contracts). . The ASA also stated (repeatedly) that his rationale for the sole-source award to Neptune concerned the Forest Services ability to have enough large airtankers available for the 2014 fire season--not the viability of Neptune as a source of supply. at 5; see York Intl Corp., B-244748, Sept.30, 1991, 91-2 CPD 282 at 4-5 (settlement agreements will not be enforceable if they fail to comply with applicable statutes and regulations). Id. 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. [18] AR, Tab 18, Neptune Settlement Agreement, June 6, 2013. 18, 2014, at 9-10, 21; see also Tr. Accordingly, we recommend that the agency reassess whether a sole-source contract with Neptune--for industrial mobilization reasons or any other reason--is necessary to meet its needs with regard to large airtanker services. [t]o maintain a . [Forest Service] also has two firms on the legacy contract that can supply planes. Missouri Mach. Save my name, email, and website in this browser for the next time I comment. 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. Consultants, Inc., B-284943, B-284943.2, June 9, 2000, 2000 CPD 102 at 5. [25] The ASA did not find anything wrong with the SPEs rationale, and acknowledged her procurement expertise. 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