PWS Heavy Fixed Wing Airlift Draft.docx

NORTH WARNING SYSTEM AIRLIFT

Heavy FixedWing Transportation Services

PERFORMANCE WORK STATEMENT

AS OF 17 December 2020

The Performance Work Statement (PWS) applies to heavy fixedwing air transportation service to the North Warning System (NWS) sites (Appendix 1) in support of the North Warning System Operations & Maintenance (NWS O&M) contractor in Canada.

1.0 DESCRIPTION OF SERVICES

1.1 The Contractor shall provide all aircraft, personnel, equipment, and supervision necessary to perform the transportation of bulk Petroleum, Oil, and Lubricants (POL), outsized cargo, and supplies to Canadian and US Government North Warning System (NWS) sites. The Contractor’s price includes all cost of performance (including spares, aircraft positioning, lodging, and aircraft heaters) and cost for crew rotations and fuel handlers, except for items covered under reimbursable expenses.

1.2 The Contractor will provide a multi-engine aircraft capable of carrying at least 45,000lbs and landing on 5,000ft unimproved runways. At a minimum, the aircraft will be capable of safely transporting 3,700 Imperial or 4,750 US gallons of bulk POL per sortie between Hall Beach (Fox-M) and Dewar lakes (Fox-3). Approximate one-way stage length is 258 Great Circle Statute Miles (GCSM).

1.3 The Government requires the aircraft to be available for 18 to 26 consecutive flights for either cargo movement or refuelling of radar sites during the period of 1 July through 15 September each year in support of the contract and is entitled to the total cargo capacity except as specified in paragraph 1.3.1. The Contractor must notify the NWS O&M contractor, HQ Air Combat Command (ACC) AMIC/PGT and HQ ACC AMIC Det 1, within 30 days of the desired delivery date if the aircraft will not be available to meet the 3 month required Bulk fuel delivery window.

1.3.1 Contractor personnel, equipment, materials, and parts essential for the performance of this contract may be transported via the aircraft performing this contract and other NWS contracts on a "space available" basis without reimbursement by theDepartment of National Defence/Canadian Armed Forces (DND/CAF), subject to the prior approval of the Contracting Officer (CO) or HQ ACC AMIC Det 1. Costs for personnel transported on a space available basis (ie, meals, housing, service, etc) will not be reimbursed by the Government.

1.4 Prior to contract start the Contractor shall furnish the Contracting Officer/Contracting Officer’s Representative (CO/COR) with the name, address, and telephone number of an agent who will serve as a liaison between the Contractor and the CO/COR. The agent must have authority to schedule contract services. The agent shall be available by telephone at all times.

1.5 Contractor uncontrollable delays/diversions. In the event a flight is delayed/diverted because of weather or other uncontrollable factors, a minimum waiting period of four (4) hours is required before a flight can be canceled. The final decision for flight cancellation due to weather rests with the aircraft commander. Canceled flights shall be rescheduled and operated within 24 hours or as mutually agreed between the Contractor and the Operations and Maintenance (O&M) Contractor on the direction of the Government. The requirement to give 48 hours written/email notice pursuant to paragraph 1.6, does not apply to cancelled flights described in this paragraph.

1.5.1 If the crew must remain overnight (RON) through no fault of the Contractor or at the specific request of the CO/COR or HQ ACC AMIC Det 1 personnel, the Contractor will be reimbursed per diem rates consistent with Treasury Board of Canada, www.tbs-sct.gc.ca. Food and lodging arrangements are the Contractor’s responsibility at the Base of Operations. The Government will reimburse the Contractor in accordance with the contract schedule.

1.6 A delay is deemed to have occurred at the originating or en-route station if the Contractor’s aircraft departs the blocks more than 20 minutes (120 minutes when the flight was scheduled with less than 48-hour notice) after the scheduled departure time, except in those instances when the aircraft arrives at the next scheduled destination on time. Delays at originating and en-route stations caused by factors beyond the control and without fault or negligence of the Contractor shall be considered as Contractor uncontrollable; a delay for any other reason shall be considered Contractor-controllable. Immediately following a delay the Contractor shall notify HQ ACC AMIC Det 1.

1.6.1 Flight delays/diversions caused by events such as required maintenance (planned or un-planned), equipment failure, and crew problems are considered Contractor controllable delays and shall be managed at the Contractor’s expense.

1.7 The Contractor shall maintain a 90% reliability rate computed annually. The reliability rate will be calculated by subtracting the total number of Contractor-controllable delayed departures at the originating and en-route stations from the Contractor’s total number of scheduled departures. This calculation will then be stated as a percentage of total departures.

1.7.1 Failure to maintain a 90% schedule reliability rate or the unavailability of service in excess of 72 hrs may be cause for terminating the contract pursuant to FAR 52.212-4; however, nothing in this paragraph shall limit the right of the Government to terminate this contract for cause for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

1.7.2 The Contractor may refuse any mission for safety reasons. Final safety of flight determination will reside with the Aircraft Commander. Missions refused for safety of flight must be rescheduled and flown as agreed with by NWS O&M Contractor.

1.8 The Contractor will obtain a flight number from the NWS O&M Contractor prior to departing the base of operations. This flight number will remain unchanged until the aircraft returns to where the mission originated (or as arranged with the O&M contractor or the NWS Office).

1.9 The aircraft used in execution of the contract will be Instrument Flight Rules/Visual Flight Rules (IFR/VFR) equipped. A List of Authorized Aircraft (Attachment 3) will be submitted to (and updated through) ACC AMIC/PKB for approval prior to aircraft being used for mission purposes.

1.10 The Contractor will ensure a survival kit sufficient for the environment and two fire extinguishers on each aircraft.

1.11 The Contractor is responsible for the removal, from all North Warning System sites, of all hazardous, unused and waste materials owned or generated in the operations of the Contractor operated aircraft. Examples of such materials include, but are not limited to, unserviceable aircraft component and parts, used engine fluids, and any used or unusable petroleum, oil, and lubricants (POL) products.

1.12 The Contractor shall provide a daily flight log within 24 hours upon completion of each mission to the NWS O&M Contractor through the Logistic Support Site (LSS) Manager. Flight Logs will include any required per diem, lodging and landing fees. If commercial fuel is acquired, the Contractor shall annotate the amount (liters), cost, and location of where the fuel was purchased.

1.12.1 Cancelled flights will be documented on a flight log submitted to HQ ACC AMIC Det 1 showing zero miles flown (Attachment 1), and included in the invoice package. Logs will indicate the date of cancellation and the specific reason for cancellation in the remarks section. Flights which are cancelled “due to weather” will include a copy of the specific weather report causing cancellation.

1.13 The Contractor (including sub-contractors) must implement the 110 security requirements in NIST SP 800-171 on covered contractor information systems that process controlled unclassified information (CUI), including but not limited to Federal Contract Information (FCI) and Controlled technical information (CTI) pursuant to DFARS clause 252.204-7012. If the contractor cannot implement a requirement, they must document in their system security plan and plans of action the requirements that aren’t implemented, when they will be implemented, and make available for government review. At a minimum, the contractor will be required to complete a basic assessment, upload the resulting score to the Supplier Risk Management System (SPRS) and recertify every 3 years.

If required by the government post award, contractor will have to complete a medium or high assessment as determined by the contracting officer, granting the government access to facilities, systems, and personnel as necessary for the government to conduct applicable assessments.

2.0 PROHIBITED ACTIVITIES

2.1 All air carrier employees are prohibited from possessing and consuming alcoholic beverages and any THC or Hemp-based products on any North Warning System site.

2.2 Weapons are normally prohibited on North Warning Sites. If Contractor-owned weapons are allowed the Contractor must ensure weapons are properly secured when not in use in a designated area as determined by the O&M Contractor at each NWS location.

2.3 Tobacco use is allowed in designated areas only. This includes smoking, vaping and smokeless tobacco (chew) products.

3.0 SUBSTITUTION OF AIRCRAFT

3.1 When, owing to causes beyond the control of the Contractor, the aircraft is unavailable at the time the contract commences or becomes unavailable while carrying out the contract, the Contractor must furnish another aircraft of the same type or, with the consent of the CO/COR and concurrence of HQ ACC AMIC Det 1, substitute another type of aircraft at the rates and charges applicable to the aircraft originally chartered.

3.1.1 If the substituted aircraft is capable of a larger payload than the aircraft originally provided, the payload carried in the substituted aircraft must not be greater than the payload that would have been available in the aircraft originally provided, unless the Contractor agrees to pay the rates and charges applicable to the substituted aircraft.

3.1.2 If the maximum payload of a substituted aircraft is smaller than the maximum payload of the aircraft originally provided, charges will be based on the rates and charges applicable to the type of substituted aircraft, except when such rates and charges are higher than those for the aircraft originally provided, the rates and charges for the original aircraft provided will apply.

4.0 CANCELLATIONS

4.1 In the event a flight is canceled prior to the scheduled departure time due to Contractor Controllable reasons, movement of any aircraft into and out of scheduled service will be at the Contractor's expense. The Contractor shall notify HQ ACC AMIC Det 1 at (819) 939-4924 or (819) 939-4922 or the COR at (757) 225-2377 immediately of any delay of aircraft departure including the reason. Should the Government cancel a scheduled flight after the Contractor's aircraft has already departed (has taken off) from its home base en-route to position, or has already positioned for a scheduled flight when notice of cancellation is given, the Government shall reimburse the Contractor for the entire scheduled positioning leg and de-positioning leg, even if the aircraft does not arrive at the positioning destination, at the mileage rate set forth in the mileage CLIN in the schedule. The government will incur no liability for costs until the aircraft departs the base of operations to position at the scheduled location.

5.0 FLIGHT SCHEDULE

5.1 The performance period of this contract is 01 July to 15 September each year. The NWS O&M Contractor and the airlift Contractor must mutually agree to the actual start date with prior approval of HQ ACC AMIC Det 1 or the CO/COR. The airlift Contractor must not initiate any action to perform any work under this contract which would exceed the funded amount.

5.2 HQ ACC AMIC Det 1 personnel retain the authority to amend any direction given to the airlift Contractor by the NWS O&M Contractor. CO/COR/AMIC Det 1 representatives reserve the right to schedule a flight if it is deemed the flight serves the best interests of the NWS mission; this request may supersede any requests made by the NWS O&M Contractor and will be coordinated with the NWS O&M Contractor at least 48 hours prior to the newly scheduled flight departure time.

6.0 LIABILITY FOR PERSONAL CARGO

6.1 The Contractor shall be responsible for the loss and/or damage to passenger baggage and personal equipment while such items are in the custody or on board the aircraft. Liability for these items is limited to the actual value thereof, not to exceed $2,800.00 US per passenger. In the event it is necessary to off load passengers at any location or station, other than at the direction of the Contracting Officer, the Contractor shall be responsible for off-loading, reloading, passenger care, and safeguarding personal baggage from loss, theft, and/or weather damage. All costs incident to such services are responsibility of the Contractor until a time when the Contractor moves, or causes to be moved, passengers to their intended destination or other location as directed by the Contracting Officer. The Contracting Officer shall be notified immediately of any emergency offloading.

7.0 RESPONSIBILITY FOR GOVERNMENT CARGO

7.1 To the extent insurance required by this contract is not required for payment of third party claims, the balance of said insurance shall apply to Government cargo loss, damage or destruction thereto. In the event of an accident, the Contractor shall be responsible for providing continuous protection of all cargo aboard the aircraft and for delivery of the cargo to the point designated by the Contracting Officer or HQ ACC AMIC Det 1 personnel.

7.2 The Contractor will be responsible for all cargo being shipped until the cargo is received by authorized personnel at the scheduled destination. The Contractor will provide proper en-route care of the cargo to ensure safe delivery and account for climatic conditions which could impact the cargo.

7.3 If cargo is offloaded at any location not designated by the NWS O&M Contractor, the airlift Contractor will be responsible for the offloading and safeguarding of all cargo from loss, theft, and weather damage. The airlift Contractor will be responsible for reloading, and for all costs incidental to those services, until the cargo arrives at the scheduled destination or another location as directed by the CO/COR, HQ ACC AMIC/PLGT, or HQ ACC AMIC Det 1.

7.3.1 All cargo offloaded at a destination other than the scheduled location will not remain at the unscheduled point in excess of 24 hours unless weather prohibits safe operation of the aircraft. The NWS O&M Contractor, HQ ACC AMIC/PLGT, and HQ ACC AMIC Det 1 will be notified immediately of any offloading.

7.4 When POL support is furnished by the NWS O&M Contractor, the NWS O&M Contractor will furnish personnel and equipment to assist the airlift Contractor with refuelling. The NWS O&M Contractor personnel will be under the supervision of the airlift Contractor. Any loss or damage caused by or resulting from operations will be the responsibility of the airlift Contractor. An airlift Contractor representative will ensure static grounding requirments are met and properly tend the hose nozzle to include opening and securing of aircraft tank caps during refuelling.

8.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

8.1 The Canadian Government, through the NWS O&M Contractor will provide:

8.2 Should circumstances require crews to remain overnight on a NWS site, food and lodging will be provided at FOX-M (Hall Beach) and CAM-M (Cambridge Bay) for Contractor personnel involved in the performance of this contract. Contractor personnel will be responsible for individual toiletries and towels. Laundry facilities will be made available, as required, to Contract personnel at FOX-M and CAM-M. When operating from Iqaluit, Inuvik, or Goose Bay, food and lodging will be at the Contractors expense on a NON-cost reimbursable basis. Food and lodging at all other locations will be at the Contractors expense on a cost reimbursable basis by the Government when Government accommodations are not available.

8.3 In the event the Contractor is directed by the CO or HQ ACC AMIC Det 1 personnel to stop at a commercial airport, or other points, and is assessed a landing fee, the Government will reimburse the Contractor for associated landing fees and all en-route navigational service charges, provided all receipts are submitted. The Contractor will provide a list of expected landing and NAV-Canada fees for the Northern community airstrips. This list will be updated as changes occur or bi-annually at a minimum interval.

8.4 A minimum of 50ft of two or three inch hose at each destination from the aircraft pump to the receveiving facility will be provided only for the heavy airlift aircraft.

8.5 The NWS O&M contractor will provide communications and weather information facilities for enroute flights between all required operating areas and NWS locations in support of this contract. The facilities will be operated in accordance with the standards imposed by TCCA.

8.6 Upon approval from the CO/COR or HQ ACC AMIC Det 1, the Contractor will be authorized to bring one additional crew (up to four members) to Hall Beach for increased frequency of operations. If this additional crew is mobilized, the Contractor will be reimbursed for Positioning Costs from homebase to Hall Beach and back to homebase, upon completion of operations. The Contractor may submit invoices for air fare or similar travel expenses and for lodging and meals. The crew must travel by ticketed, scheduled air service unless it is not available. Any use of charter aircraft must be approved by the CO/COR or HQ ACC AMIC Det 1, in writing, prior to start of travel. All invoices must be supported by attached paid receipts, including airfare. If the additional crew is brought to Hall Beach to support fuel transfer operations, these fuel transportation operations will be conducted 24 hours a day until all operations are complete. The Positioning Cost must include the fuel consumed for positioning from homebase to to Hall Beach. Upon completion, fuel required to return to homebase will be provided by the Government.

9.0 INSURANCE

9.1 The Contractor shall procure and maintain a level of insurance coverage commensurate with the commercial standard and in accordance with the Government of Canada’s statutory limits during the entire period of performance under this contract.

10.0 NOTICE OF POST-AWARD AND PRE-PERFORMANCE CONFERENCE

10.1 The Contractor shall attend a Post-Award conference conducted by the CCC (if required) with the HQ ACC AMIC Contracting Officer, Contracting Officer’s Representative, and HQ ACC AMIC Det 1 personnel in attendance. The Contractor shall be notified of the exact time and location of the conference at least two weeks prior to the scheduled conference date. The Contractor shall bear all costs associated with attendance of the conference, including travel and per diem.

11.0 PERFORMANCE OF SERVICE DURING CRISIS DECLARED BY THE PRESIDENT OR SECRETARY OF DEFENSE OR OVERSAES COMBATANT COMMANDER

11.1 In the event of a declared crisis, the Contractor is not relieved from the requirements of this contract. The Contractor will provide services designated as essential by the North Warning System Office or HQ ACC AMIC Det1 and is required to use all means at its disposal to continue to provide services, in accordance with the terms and conditions of the contract during periods of crisis, or until appropriately released by the contracting officer.

11.2 In the event the Contractor is contacted by a third party for search and rescue or medical evacuation (SAR/MEDEVAC), the Contractor is authorized to provide support, at their discretion, only after clearing the SAR with the appropriate SAR authority in Canada and the O&M Contractor (to deconflict with NWS mission requirements). Flying miles and cost reimbursable will be billed to the requesting agency. Basing fee, if applicable, will not be affected while supporting SAR/MEDEVAC. The Contractor must notify the CO/COR and HQ ACC AMIC Det 1 personnel as soon as practical to include details including nature of the event, requesting agency, pickup/dropoff locations, and any other pertinate information.

12.0 INVOICING

12.1 The Contractor shall submit a monthly flying/cost summary report within 15 days after completion of the overall mission containing the following information:

12.2 The Contractor shall provide a notice, by CLIN, when 75 % of the estimated quantity or total funded amount has been used. This notice shall be sent via fax or e-mail to the HQ ACC AMIC Det 1, HQ ACC AMIC/PKB, HQ ACC AMIC/PLGT, and CCC (if required).

13.0 METHOD OF MEASURING DISTANCE

13.1 Invoiced distances are the fixed Great Circle Statute Miles (GCSM) between landing sites, regardless of actual routing flown. Invoicing shall be made using the GCSM chart provided in Appendix2. Errors in this chart should be brought to the Contracting Officer’s attention for review and possible update.

13.2 In the event a flight is diverted or put in a holding pattern due to adverse weather conditions or other direction by the Government, payment will be calculated by multiplying flight time minutes by the block speed of the aircraft (see Attachment 3, List of Authorized Aircraft) then divided by 60. This number will then be multiplied by the unit price in the schedule. Flight time minutes shall be computed from block out to block in. Payment will be made in accordance with the schedule.

14.0 WEIGHT AND BALANCE

14.1 The Contractor will supervise loading of the aircraft and be responsible for proper weight and balance of all cargo loaded on the aircraft. Actual weight shall be used for each mission when transporting passengers and/or cargo. Actual weight is defined as interrogated or scaled weight when transporting passengers. Scaled weight shall be used when loading and transporting cargo.

15.0 AIRCRAFT AND AIRWORTHINESS REQUIREMENTS

15.1 In accordance the Aeronautics Act, R.S.C. 1985, c. A-2, while providing defencerelated services for the DND/CAF, the Contractor’s aircraft are considered to be military aircraft for the purposes of the Aeronautics Act and the Ministerial Delegations to the DND/CAF Technical Airworthiness Authority (TAA), Operational Airworthiness Authority (OAA) and Airworthiness Investigative Authority (AIA). Thus, the Contractor’s aircraft and crews will be subject to the same applicable aerospace control procedures, regulations, orders and rules as other DND/CAF aircraft and crews, including DND/CAF Flight Safety Programme reporting protocols and procedures established by the AIA, and the use of any military call sign allocated. As such, the Contractor must comply with the provisions of the Aeronautics Act, the DND/CAF airworthiness programme and with all regulations, directions, orders and rules made pursuant thereof which are applicable to the services to be performed under the contract. Airworthiness oversight will be conducted by the DND/CAF airworthiness staffs.

15.1 When and where appropriate, the Contractor must comply with all laws, regulations and DND/CAF orders applicable to the carriage of dangerous goods or hazardous products.

15.2 In order to conduct defencerelated services for the DND/CAF, the Contractor must be capable of being awarded a Temporary Authority to Operate (TAO). A TAO is a DND/CAF military flight authorization that authorizes a civilian organization to provide defencerelated services for the DND/CAF and signifies that these services are under the airworthiness authority and oversight of the DND/CAF. Activity cannot commence until the Contractor is in possession of a valid TAO, which is issued by the DND/CAF TAA and OAA.

15.3 A TAO replaces the civil flight authority for the aircraft (ie, Certificate of Airworthiness (CofA), Special CofA Limited or flight permit, and Air Operator certificate (AOC)). Conditions and restrictions when operating for the DND/CAF are detailed in a TAO and/or specified in a DND/CAF flight permit. A TAO also includes details of the civil regulations, military rules and orders that are applicable to the types of operations and any applicable exemptions. Electronic copies of applicable military rules and orders will be provided to the Contractor. The combination of a TAO, a DND/CAF tasking request and any associated DND/CAF flight permit comprise the DND/CAF authority to conduct defencerelated services. Therefore, a copy of the TAO, the tasking request for each flight or series of flights, and any additional DND/CAF flight permit must be carried on board each applicable aircraft while undertaking defencerelated services for the DND/CAF as evidence that the aircraft is operating as a Canadian military aircraft.

15.4 HQ ACC AMIC Det 1 will assit as required to work with the Contractor in obtaining the valid Temporary Authority to Operate (TAO). To qualify for the award of a TAO, the Contractor must:

15.5 In making the assessment referenced in paragraphs 15.1-15.4 above, the DND/CAF will give credit if the Contractor meets at least one of the following conditions:

15.6 Some airworthiness requirements are specific to Canada. Nevertheless, foreign airworthiness programmes may have equivalents or foreign terms may be able to be substituted. Foreign standards that meet the intent of the DND/CAF Airworthiness Programme may be acceptable if they are deemed equivalent by the DND/CAF. For example, the DND/CAF may accept foreign maintenance engineers if they meet training/experience standards that are equivalent to those required by the DND/CAF or as outlined in the CARs. Foreign civil or military operator approvals or maintenance control systems must be referred to DND/CAF airworthiness staffs for guidance on the acceptability of such systems.

15.7 All services provided must be approved by the DND/CAF or its authorized representative who will have the right to inspect the aircraft and technical and operational documentation including (but not limited to) flight plans or flight notifications, loading records, technical logs and aircrew logbooks, maintenance records and training records, to ensure compliance with the conditions of the contract, the TAO and the DND/CAF Airworthiness Program.

15.8 The Contractor must own or have exclusive operational control over the chartered aircraft and the contents and crew thereof during the period of provision of the defencerelated services to the DND/CAF.

15.9 The aircraft provided for the purpose of this charter must be equipped with serviceable equipment applicable to the types of operations required and suitable for the particular airspace through which the operations occur. The aircraft must have serviceable radio equipment capable of transmitting and receiving on frequencies in use at departure, en-route and destination; and with an Emergency Locator Transmitter (ELT).

15.10 When applicable, survival gear appropriate for long-range, over-water operations must be carried on board, including personal survival equipment and life rafts sufficient to accommodate all crew and passengers. This requirement is in addition to the minimum requirement outlined in 1.10.

15.11 All flight profiles must be within the limitations of the civil Type Certificate, or design specification for ex-military aircraft, and flight authorities (Certificates of Airworthiness or appropriate flight permit, etc) of the applicable aircraft, and applicable Air Operator Certificate (AOC).

15.12 The Contractor must provide all personnel, services, equipment, tools, oil, facilities, supervision and direct materials necessary for the performance of the air transportation services including sufficient number of ground personnel for adequate maintenance and ground operation, except as otherwise noted in this contract.

15.13 The Contractor must provide a comprehensive aircraft capability and walkthrough brief that includes all aircraft ground and in-flight procedures/emergencies, any and all documents that demonstrate to the satisfaction of the TAA and OAA that the Contractor meets the requirements of the DND/CAF airworthiness programme, including recent audit reports of the Contractor’s organization by a civil airworthiness regulator.

16.0 AIRCREW REQUIREMENTS

16.1 The pilotincommand must have flown a minimum of 1,000 hours on fixed wing aircraft, including 250 hours as pilot-in-command of the type of aircraft specified and 250 hours in theatres of operation similar to those required under the contract. Upon request, the Contractor must provide documentary proof of aircrew qualifications, ratings, and experience.

16.1.1 The pilotincommand of the aircraft must ensure that all passengers are given a safety briefing before take-off as outlined in CAR 602.89, or in other format acceptable to the DND/CAF.

16.2 All Contractor personnel acting as flight crew must each hold a valid flight crew license as defined in Canadian Aviation Regulations (CARs) Part IV (or equivalent), endorsed with ratings appropriate to the air services being provided, including the ability to conduct flights under Instrument Flight Rules (IFR) when required. All Contractor personnel acting as flight crew must meet the Recency Requirements defined in CARs Part IV.

16.3 Crew duty times must be within civil limits of the flight crew licenses and regulations. All contract employees must comply with all applicable laws and Canadian Provisions and Regulations while executing the contract services.

16.4 If at any time during the course of the operations, the flight crew, the maintenance crew or both are considered by the DND/CAF to be unsatisfactory for safety or other reasons, the DND/CAF may notify the Contractor in writing that the flight crew, the maintenance crew or both must be replaced. The Contractor must immediately, upon receiving such notification, withdraw and replace the crew specified in the notice. The Contractor must advise the contracting authority of the corrective action taken. The aircraft involved must be considered unserviceable until a satisfactory crew resumes operations. Causes for consideration of the crew as being unsatisfactory include, but are not limited to, the following: incompetence or inexperience in operating and maintaining the aircraft for normal operations, and infractions of rules, regulations or orders.

17.0 FLIGHT SAFETY

17.1 The Contractor must operate under the guidance of an aviation safety programme meeting the intent of AGA135001/AA001 “Flight Safety Programme for the Canadian Armed Forces”, as determined by the DND/CAF.

17.2 In accordance with the Aeronautics Act and other agreements, the responsibility for aviation accident investigations (in part) transfers to the DND/CAF during DND/CAF tasked defencerelated services. Therefore, following an aviation accident or incident, the Contractor must notify the DND Directorate of Flight Safety (DFS) at the earliest opportunity by calling 1888WARNDFS (9276337). In addition, in the case of an accident, the Contractor must quarantine the accident site and, in addition to calling DFS, notify the Air Operations Centre at (204) 8332650. An Accident is defined as: an event involving an aircraft where a person is missing, receives fatal or serious injuries; or the aircraft is missing, destroyed or sustains serious damage (such as damage to a major component). In the event of an incident or accident, the Contractor must allow Aircraft Accident Investigators, appointed by the AIA, access to all relevant data, personnel, documentation and facilities to support a DND/CAF Flight Safety investigation. Documents to be provided include (but are not limited to) the Company Operations Manual, Company and Aircraft Standard Operating Procedures (SOPs), Aircraft Flight Manual, Aircraft Cockpit Checklist, Aircrew Flight Training Records, Aircraft Journey Log and Aircraft Maintenance and Parts Manuals. Company subject matter experts must be provided to the AIA to assist with an accident investigation, upon request.

17.3 The Contractor must report accidents or incidents to DFS using the Flight Safety Occurrence Report (Form CF215E or DND4513-E), as detailed in AGA135003/AA001, Chapter 4, Annex A or Annex B. Form DND4513-E is also available at the following link:

http://www.rcaf-arc.forces.gc.ca/assets/AIRFORCE_Internet/docs/en/flight-safety/d4513-em.pdf. Hazards that could potentially result in an incident or accident may be reported to DFS using the Flight Safety Hazard Form (DND 2484E), as detailed in AGA135003/AA001, Chapter 4, Annex C. A list of mandatory militarycivilian occurrences that must be reported is listed in AGA135003/AA001, Chapter 4, Annex B, Appendix 1.

17.4 Flight safety incidents and/or accidents may be copied to the Transportation Safety Board, Transport Canada Foreign Inspection Division (for foreign operators) or National Operations - Airlines Division (for Canadian operators), as appropriate. To reduce hazards to investigating personnel and the environment, the Contractor must supply a list of known hazardous materials either carried as cargo or integral to the aircraft through design, manufacture, or maintenance.

17.5 When a Contractors aircraft is involved in an accident or incident in support of a DOD mission as defined in 49 CFR, Part 830, the Contractor will inform the following parties via the most expeditious means available: HQ ACC AMIC Det 1 at (819) 939-5332 or (819) 939-4922 and the Transportation Branch at HQ ACC AMIC/PLGT at (757) 225-2377. On the next business day the Contractor will notify the Contracting Officer at (757) 225-1570, HQ ACC AMIC/PKB and the COR at (757) 225-2377, HQ ACC AMIC/PLG.

17.6 In cases where the death of a DOD member occurs on a Contractor’s aircraft, the following information shall be furnished via telephone to the numbers listed below: Name, Social Security Number (SSN) and component of service identified as Army-USA, Air Force USAF, Navy- USN, Marine Corps-USMC, or Coast Guard-USCG. The following is a list of phone numbers for service casualty offices:

US Army: (800) 626-3317 US Navy: (800) 368-3202 US Marines: (800) 847-1597 US Air Force: (800) 433-0048 Coast Guard (USCG) Atlantic Area Op’s Center: (757) 398-6390 (accidents east of Mississippi River) Coast Guard (USCG) Pacific Area Op’s Center: (510) 437-3701 (accidents west of Mississippi River)

18.0 DELIVERABLES/SERVICE DELIVERY SUMMARY

18.1 The Contractor will provide deliverables as specified in Table 1. If a deliverable due date falls on a weekend or federal holiday, the Contractor will submit the deliverables on the last workday prior to the due date.

TABLE 1 – DELIVERABLES

Reference

· As part of each Invoicing Package

and HQ ACC AMIC Det 1

· Contractor shall maintain a 90% reliability rate computed annually

18.2 The Contractor will review the Services Summary (SS) as implemented in AFI 63-138, Acquisition of Services and identifies critical success factors for the contract. The SS items are listed in Table 2.

TABLE 2 – SERVICES SUMMARY

a) 100% of deliverable requirements are met and received on time

AND

b) critical information is accurate

19.0 LIST OF APPENDICES

20.0 LIST OF ATTACHMENTS