Annex A to Joint TAA-OAA-AIA Advisory 2022-01

General Airworthiness Requirements / Contract Clauses for Civil Air Operators Conducting Routine Air Transport for the DND/CAF

These requirements/clauses apply to the following:

1. Canadian Air Operators conducting routine Air Transport (AT) in Canadian or foreign airspace
2. Foreign Air Operators conducting routine AT in Canadian airspace or foreign airspace

The following requirements/contract clauses are intended as a general guide. They need to be reviewed and tailored to suit particular circumstances accordingly. Consult the DTAES 3-2/SSO OA staff for confirmation. The following requirements also contain clauses that are not directly related to airworthiness but which, nevertheless, represent best practice; they are identified as such where they occur.

1. “Rules, Orders and Regulations for Air Transportation Services” Contract Clauses

X.1. Rules, Orders and Regulations for Air Transportation Services

X.1.1 In supplying the services described in the SOW, the Contractor must comply with all applicable acts, rules, orders and regulations. The Contractor engaged in the performance of the Work is responsible for meeting the regulatory requirements of the airspace in which they will be operating.

X.1.2 The Department of National Defence (DND)/Canadian Armed Forces (CAF) is responsible for ensuring the safety of DND/CAF personnel and equipment. Therefore, the Contractor engaged in the performance of the Work must provide appropriate and valid documentation that demonstrates to the satisfaction of the DND/CAF that the air carrier is capable of safely transporting DND/CAF equipment and personnel. Documentation, if other than original, must be certified by the accountable executive of the bidder’s company that they are true copies and, if not in English or French, must be accompanied by a certified English or French translation.

X.1.3 Bidders must provide a valid Air Operator Certificate (AOC) issued by the CAA of a state that is a signatory to the Convention on International Civil Aviation (the International Civil Aviation Organisation (ICAO) Convention), and which is acceptable to the DND/CAF for the provision of this service, together with all appropriate Operating Provisions, or equivalent document. In accordance with Annex 6 to the ICAO Convention, the AOC or equivalent document must include the following:

1. Operator’s identification (name and location)
2. Date of Issue and period of validity
3. Description of the type(s) of operations authorized
4. The type(s) of aircraft authorized for use
5. Authorized areas of operation or routes, specifying domestic and international operation limitations
6. Operating Provisions in accordance with ICAO Doc 8335, Chapter 7, and Paragraph 7.2
7. CAA certification and special authorizations/approvals for transport of dangerous goods (if applicable)

X.1.4 Bidders must provide a valid Aircraft Type Certificate, Certificate of Registration (CofR), Certificate of Airworthiness (CofA) and Noise Certificate for the aircraft proposed in the bid, which identify the operator of the aircraft. All flight profiles and the operation of the aircraft, in the conduct of the Work, must be within the limitations of the civil Type Certificate (TC) and CofA.

X.1.5 Bidders must provide evidence of the Air Operator’s safety management system, aviation/flight safety policy statement and the operator’s aviation/flight safety record for the previous five (5) years (or a current update to an existing five year Safety Record that is on file with the UN).

X.1.6 The DND/CAF reserves the right to reject any documentation offered.

X.1.7 The carrier must not be an Air Operator listed on the European Union Air Safety List (“Community list of air carriers which are subject to an operating ban within the Community”).

X.1.8 It is desirable, but not mandatory, that the Air Operator be included on the United States Department of Defense (U.S. DoD) Air Mobility Command list of approved DoD commercial vendors.

2. “Aircrew and Ground Crew Requirements” Contract Clauses

X.2. Aircrew and Ground Crew Requirements

X.2.1 All aircrew must hold a valid flight crew licence, endorsed with ratings appropriate to the air services being provided, in accordance with Annex 1, Chapter 2, to the ICAO Convention, and be in current flying practice, based on ‘recency’ requirements of their civil licensing rules. All aircrew must be able to speak English to a standard complying with, or equivalent to, ICAO Level 4 (Operational). Crew duty times must be within civil limits of the flight crew licences and regulations. The Operator is responsible for ensuring that pilots remain current and operationally proficient for IFR and night flights, as required. In addition, the carrier will be responsible for ensuring that any crew member replacing the crew members proposed in the bid is compliant with the minimum pilot qualifications.

X.2.2 At the Technical Authority’s request, the Contractor must provide documentary proof of the aircrew qualifications, required for each crew member. The Air Operator will be responsible for replacing, fully at the Air Operator's expense, any crew member whose qualifications are found, after arrival at the mission, not to meet the contractual requirements.

X.2.3 The aircraft operator is to operate under the guidance of a policy or program that is designed to ensure that personnel involved in the performance of routine air transport for the DND/CAF do not act while impaired due to the influence of alcohol, drugs (prescribed or otherwise) or other harmful substances (which could otherwise prejudice the safe performance of the contract).

X.2.4 If at any time during the performance of the Work, the flight crew and/or maintenance crew is deemed by the DND/CAF to be unsatisfactory, the TA will inform the Contractor in writing and the crew in question must be replaced. The aircraft involved will then be considered unserviceable until a satisfactory crew resumes operations. Cause for considering flight or maintenance crew to be unsatisfactory includes, but is not limited to: incompetence or inexperience in operating and maintaining the aircraft for normal operations, appearance of intoxication and inability of the flight crewmembers to speak English to a standard complying with, or equivalent to, ICAO Level 4 (Operational).

X.2.5 All aircraft maintenance personnel must be licensed in accordance with Annex 1, Chapter 4 to the ICAO Convention.

X.2.6 Assigned personnel must be assessed as medically fit in accordance with Annex 1, Chapter 6, to the ICAO Convention.

X.2.7 The number and qualifications of the assigned personnel must be sufficient to accomplish the tasks stated.

3. “Management of Flight Plan” Contract Clauses

X.3 Management of Flight Plan

X.3.1 The Technical Authority will approve the Air Operator’s flight plan for the required air services. All flights must be conducted in accordance with this flight plan. Any change to, or deviation from, this flight plan must be approved in advance and in writing by the Technical Authority.

X.3.2 Operational control of any flight is the sole responsibility of the Air Operator. Changes to an established flight plan are permitted for operational reasons. These reasons must be communicated to the Technical Authority as early as possible.

X.3.3 When, for safety or other reasons, the Contractor temporarily suspends a flight or any portion of the specified service, the Technical Authority has the right to demand a written statement of cause. That statement will not preclude the Technical Authority from exercising any rights under the Contract or under the Law.

X.3.4 All flights must be continuous, with a routing using the fewest number of stops.

X.3.5 Any change in flight must be approved by the Contracting Authority in full accordance with the terms and conditions of this contract. Approval of any flight change must be sought using the Flight Change Request Form included as Appendix 1 to this Annex.

X.3.6 If time pressures do not permit the timely completion of this form, the Technical Authority will accept, as interim, the following information in an email, and the Contractor must follow up with a completed Flight Change Request Form as soon as possible:

1. Details of the proposed change (planned flight, revised flight)
2. Reason(s) for the change
3. Options considered
4. Estimated financial impact/compensation for change (if any).

X.3.7 [Use in the context of the Note below] All flights must avoid XX airspace. [Insert as required – consult DTAES 3/SSO OA staff for confirmation of countries to avoid]

4. “Aircraft Ownership, Custody and Control, and Substitution” Contract Clauses

X.4. Aircraft Ownership, Custody and Control, and Substitution

X.4.1 If the offered aircraft is registered in the state of the Operator and is operated by the Operator under a lease agreement, the following documentation and/or information must be provided:

1. Proforma copy of the Lease Agreement(s) on which the duration of the lease is clearly stated, with definite start and end dates.
2. Name and full address of the aircraft owner

X.4.2 [Use in the context of the Note below] If the offered aircraft is not registered in the state of the Operator and is operated by the Operator under a lease agreement, the bidder is required to complete and duly sign the Statement of Ownership - Lease Arrangement, included at Appendix 2 to this Annex. The subject document must be attached to the bid. Additionally, the following documentation and/or information must be provided:

1. Proforma copy of the Lease Agreement(s) on which the duration of the lease is clearly stated including definite start and end dates
2. Name and full address of the owner of the aircraft
3. Letters of awareness from the CAA of both the State of registry and the State of the Operator. Such letters must clearly state that: the said authorities are aware and approve of the lease; that an agreement has been reached regarding the transfer of duties and responsibilities from the state of registry to the State of the Operator; that operational control of the aircraft is the responsibility of the Operator; and that, as far as the State of the Operator is concerned, the aircraft has met its airworthiness requirements

X.4.3 The DND normally requires that Air Operators demonstrate ownership or other custody and control of the offered aircraft, such as by means of a lease, as in effect prior to the date of issuance of the solicitation to bid. Nevertheless, the DND will, under the following circumstances, allow companies to lease or to otherwise acquire full ownership of the aircraft offered to satisfy the requirement set forth herein. This is allowed provided that the following conditions are fulfilled:

1. The operator’s AOC must list the type of aircraft offered.
2. The operator must include with the proposal satisfactory evidence that it has performed flight operations similar to those set forth in this requirement with such aircraft.
3. If the Operator plans to obtain full ownership of the aircraft, the Operator must submit with its bid an executed bill of sale for the aircraft providing, as a minimum, that full legal title and ownership will be transferred to the bidder no later than fourteen (14) days prior to the initial positioning of the aircraft in accordance with this requirement. In addition, the operator must provide the DND/CAF with all required certifications for such aircraft from the applicable civil aviation authority or authorities, no later than seven (7) days prior to such initial positioning.
4. [Use in the context of the Note below] If the Operator intends to obtain operational control of the aircraft pursuant to a lease, the Operator must provide at the time of submission of its bid:
   1. An executed option, exercisable by the Operator upon the DND/CAF’s notification of an award of the air charter contract, to lease the offered aircraft from the owner thereof under the terms of a lease that conforms to the requirements for such aircraft leases set forth in Paragraphs X.4.1 and X.4.2 above.
   2. A pro forma copy of the lease, for which such option to lease applies, indicating, at a minimum: the duration of the lease (including definite start and end dates); that the operator will obtain full operational control over the aircraft; specification of the ownership of the aircraft; and, that the lease conforms in all respects to the requirements for such aircraft leases set forth in Paragraphs X.4.1 and X.4.2 above.
   3. An acknowledgement by both parties to such option that the option is irrevocable for a time certain and has been made in exchange for good and valuable consideration or, if no consideration is required, that the parties acknowledge and agree that the option is irrevocable and fully exercisable in accordance with its terms.
   4. A written acknowledgement and agreement that failure to exercise the option to lease or to provide a satisfactory copy of the fully executed lease are conditions precedent to the DND/CAF’s obligations under any air charter contract for which notification of award may be provided and that such failure may result in payment of liquidated damages for any such delay pursuant to the terms of the air charter agreement.
5. [Use in the context of the Note below] If the aircraft that the bidder proposes to lease for the requirement is registered in a country different from that of the bidder, the bidder must provide, together with the option to lease, letters of awareness between the civil aviation authorities of the state of registry and the state of operator (in accordance with ICAO’s Manual of Procedures for Operations Inspection, Certification and Continued Surveillance (ICAO Doc 8335-AN/879), provided that, if such letters of awareness cannot be issued in respect of the aircraft offered, that is the subject of the ‘option to lease’, then the proposal must specify a certain date when such letters of awareness will be provided, together with an acknowledgement and agreement that any requirement for payment of liquidated damages for delays under the air charter contract shall also be extended to such deadline.
6. [Use in the context of the Note below] If the operator plans to lease the offered aircraft, the operator must submit to the United Nations for inspection the executed lease agreement no later than fourteen (14) days prior to the initial positioning of the aircraft in accordance with this requirement and all required certifications for such aircraft from the applicable civil aviation authority or authorities, no later than seven (7) days prior to such initial positioning.
7. [Use in the context of the Note below] If the operator plans to obtain full ownership or to lease the offered aircraft following the issuance of this solicitation to bid, the Air Operator must submit to the DND/CAF all Insurance Certificates and Insurance Policy pursuant to paragraph # [Insert #] above.

X.4.4 Bidders are required to include in their bid the following information:

1. Major maintenance overhaul checks and records
2. [Use in the context of the Note below] Current hull and war risk and additional war risk premiums
3. [Use in the context of the Note below] Details of previous contracts in the last two years showing relevant experience

X.4.5 [Use in the context of the Note below] When, due to technical problems, the chartered aircraft becomes unserviceable and cannot be repaired or substituted, in a reasonable length of time, or becomes subject to delays which are attributable to the Contractor, the Contractor must make a reasonable effort to provide transportation, accommodation and meals, at the Contractor’s expense, for the affected DND/CAF personnel on board the Chartered Aircraft. Any replacement of the Chartered Aircraft must be approved in advance and in writing by the Technical Authority.

5. “On Board Equipment” Contract Clauses

X.5 On Board Equipment

X.5.1 The Contractor’s aircraft must be equipped as follows:

1. Aircraft Equipment – General. The aircraft provided for the purposes of this contract must be equipped with serviceable equipment applicable to the types of operations required and suitable for the particular airspace through which the operations are intended to occur. The aircraft must be equipped and certified to meet the Performance Based Navigation (PBN) and associated Communications, Navigation, Surveillance/Air Traffic Management (CNS/ATM) requirements applicable to the airspace in which the aircraft is intended to be operated, without procedural restrictions or the necessity for prior special clearances. The aircraft must have serviceable radio equipment capable of transmitting and receiving on frequencies in use at departure, en route and destination. A serviceable Emergency Locator Transmitter (ELT) must be installed.
2. Survival Gear. If applicable, the aircraft must have equipment appropriate for long range, over water operations, including personal survival equipment and life rafts sufficient to accommodate all crew and passengers.

6. “Safety Briefing” Contract Clause

X.6. Safety Briefing

X.6.1 The Contractor must ensure that the pilot in command of the aircraft, or another appropriate member of the crew, provides a safety briefing for all extra crew and passengers before flight, in accordance with the applicable aircraft operations manual.

7. “Inspection” Contract Clause

X.7. Inspection

X.7.1 The Technical Authority has the right to inspect the Contractor’s aircraft and operational documentation, including flight plans or flight notifications, loading records, logs and aircrew logbooks, in order to ensure compliance with the terms and conditions stated in the Contract.

8. “Support at Military Airports” Contract Clauses

X.8. Support at Military Airports

X.8.1 When any service or support is required at military airports/locations, it is the Contractor’s sole responsibility to make all arrangements for the provision of these services. This includes, but is not limited to: refuelling, aircraft de icing, material handling equipment, and the provision of meals.

9. “Dangerous Goods” Contract Clause

X.9. Dangerous Goods

X.9.1 When applicable, the Contractor must ensure compliance with rules and/or regulations for the transportation of dangerous goods.