RFSO-NMSO Revisions

March 13, 2018

Effective January 19, 2018

The following updates were made to the Basis of Payment (BoP) fill-in screen, that suppliers access by clicking on Manage Aircraft and Basis of Payment. These changes will require that suppliers review and update their BoP by no later than April 18, 2018 so that they appear correctly in the next Catalogue for Air Charter Services that will be published on June 1, 2018.

  1. For both Fixed Wing and Rotary Wing aircraft types:
    1. in section Equipment and Services, some new types of equipment and services were added and the supplier must indicate if the equipment or service is offered and if it is included in the rate or offered at an additional charge;
    2. the title of the Air Ambulance / Medevac services and charges section has been changed to Air Ambulance / Medevac services and charges (included in rate if no charge listed);
    3. the title of the Other Available Equipment and Services (not included in the above rates) section has been changed to Other Available Equipment and Services (included in rate if no charge listed).
  2. For Fixed Wing aircraft types only, Tundra tires were removed from the Equipment and Services section and added to the Landing Gear section.

  3. For Rotary Wing aircraft types only, the section "In locations where daylight hours exceed the flight duty time limitation and rest periods defined in CARS 700.16, and where double crewing may be required, the following will be added to the Daily Minimum to cover the cost of additional crew: " has been amended to allow input of only a dollar amount per day. If information is contained in the field, please reset data by deleting and re-entering your proposed rate.

December 1, 2017

Effective October 16, 2017

The Request for Standing Offers (RFSO) was amended to extend the validity of the National Master Standing Offer for Air Charter Services to May 31, 2023. Each active Standing Offer will be updated by 31 May, 2018 to reflect that new expiry date.

January 30, 2017

Effective January 30, 2017

  1. All reference to Minimum Payload Capacity is being removed from the Manage Aircraft and Basis of Payment section and from all resulting reports.
  2. Notice to Carriers regarding Maximum Payload Capacity:

    If a Carrier has not included a Maximum Payload Capacity in its Basis of Payment (BoP), that BoP will not be displayed when an Identified User of the National Master Standing Offer for Air Charter Services performs a search in the published Catalogue for Air Charter Services and adds an (optional) maximum passenger/cargo weight in kilograms to its search parameters.


June 1, 2016

Effective December 1, 2016

  1. The Request for Standing Offers (RFSO) and National Master Standing Offer (NMSO) documents are amended to incorporate both standardized formatting and the latest Standard Acquisition Clauses and Conditions (SACC) Manual clauses, including 2006 Standard Instructions - Request for Standing Offers - Goods or Services - Competitive Requirements and 2005 General Conditions - Standing Offers - Goods or Services and 2010B General Conditions - Professional Services (Medium Complexity), that will now apply to the Request for Standing Offers and to any resulting Standing Offers and any resulting Call-ups (Contracts).

  2. The Call-up Procedures are amended to reflect that carrier selection is no longer based solely on the Supplier offering the lowest rate per statute mile or the lowest rate per hour of air time. The federal government Identified Users must now request a price proposal (quote) from the three suppliers who offer the lowest rates per statute mile or the lowest rates per hour of air time for the required air charter services and the Identified Users will then be required to select the supplier that offers the lowest overall total cost estimate that is based on its published Standing Offer rates and services.

  3. The Manage Aircraft and Bases of Payment section is amended to allow suppliers to select more than one type of Landing Gear for any one Basis of Payment, where the rates and equipment and services will be the same for all selected types of landing gear.


February 04, 2014

Effective February 04, 2014

The RFSO and NMSO documents have been revised to correct various web site links and to add various titles in order to comply with the federal government common look and feel guidelines.


March 8, 2013

Effective January 8, 2013

The RFSO and/or NMSO documents have been revised as follows, for clarification and because of the necessity to re-post the requirement on the MERX Canadian Public Tenders system:

DELETE:
Date: November 25, 2002
REPLACE BY:
Date:: November 26, 2002
DELETE:
Solicitation No.: E60SQ-020001/A
REPLACE BY:
Solicitation No.: E60SQ-020001/B
DELETE:
File No.: 103ZL.E60SQ-020001
REPLACE BY:
File No.: 102zl.E60SQ-020001

April 14, 2011

Effective June 1, 2011

The RFSO and NMSO documents have been revised as follows:

  1. In ANNEX "A" BASIS OF PAYMENT,

    DELETE:
    Positioning and Depositioning Fees: Will be paid from the mutually agreed upon point of hire.
    REPLACE BY:
    Positioning and Depositioning Fees: Will be paid to (positioning) and/or from (depositioning) the mutually-agreed-upon point of hire.
  2. After the CALL-UP AUTHORIZATION clause, add the following clause:

    CALL-UP PROCEDURES

    1. Authority to Call-up Services

      In all instances, the Identified User is responsible for ensuring that:

      1. sufficient funds are available for the services called up;
      2. the maximum value for individual call-ups made pursuant to the Standing Offer is not exceeded;
      3. the services received are as specified in the Standing Offer; and
      4. the invoiced rates are in accordance with the Standing Offer.
    2. Detailed Carrier-selection Process

      The Identified User must use the following carrier-selection process to select the Contractor (Carrier) to provide the required air charter service:

      1. The Identified User must first access the National Master Standing Offer (NMSO) for Air Charter Services (ACS) Catalogue website at Air Charter Services*.

        * Note: To protect the integrity of the Offers, only Identified Users have access to the NMSO for ACS Catalogue website. The Catalogue is a consolidation of complete details of all Offers from all Standing Offer Holders (Carriers).

      2. Then, using a combination of relevant parameters to define its required air charter services, including Province/Territory, Base of Operations, Aircraft Model, Number of Passengers, Equipment Type (e.g. float) and Service Type (e.g. air ambulance), the Identified User must select the Carrier offering:

        1. the lowest rate per statute mile, taking into account any discount and off-season rate, for fixed-wing aircraft for point-to-point flights where distances are measurable, BUT only if the Carrier does NOT subsequently quote additional positioning and/or depositioning fees; OR

        2. the lowest rate per hour of air time, taking into account any discount and off-season rate, for rotary-wing aircraft or for fixed-wing aircraft for point-to-point flights where flight distances are not measurable, or when required for the purpose of the work, BUT only if the Carrier does NOT subsequently quote additional positioning and/or depositioning fees; OR

        3. the lowest overall total cost when the identical lowest rate per statute mile or lowest rate per hour of air time, taking into account any discount and off-season rate, is offered by more than one Carrier, BUT only if the Carrier does NOT subsequently quote additional positioning and/or depositioning fees.

        Note: Initial Carrier-selection must only be based on the criteria listed above. If the Carrier's Offer includes a specific Aircraft Model at a specific Base of Operations, then the Carrier should not charge a positioning and/or a depositioning fee to bring that Aircraft Model to that Base of Operations. If the Carrier insists on charging positioning and/or depositioning fees, then the Identified User must follow the secondary Carrier-selection process identified in Call-up Process clause 3.g.ii.

      3. If the service is not available from the Carrier offering the lowest rate, then the Carrier offering the next lowest rate for the required service must be selected, and the Identified User must document its files accordingly in order to justify the Carrier selection.

      4. Should the required service not be available at the required Base of Operations, the Identified User may consider nearby Bases of Operations and must follow the above carrier-selection process to select the Carrier, and again must document its files accordingly. In this case, the Identified User may be required to pay positioning and/or depositioning fees to bring the aircraft to the required Base of Operations. The positioning and/or depositioning fees will be paid to (positioning) and/or from (depositioning) the mutually-agreed-upon point of hire between the two parties, the Identified User and the selected Carrier. Positioning and/or depositioning fees should only be paid once for each charter. A multi-day charter from a specific Base of Operations does not entitle the Carrier to fly back to its base of origin each day.

      5. The Identified User must follow the carrier-selection process, must document that process for each call-up and must make that documentation available to the PWGSC Standing Offer Authority upon request.

    3. Call-up Process

      1. The Identified User must provide a description of the required air charter service to the selected Carrier in sufficient detail to enable the Carrier to submit an accurate price proposal (quote) with a cost breakdown. The description should include, but may not be limited to, the following information (as applicable): itinerary (start and end dates of charter, flying destinations, etc.), point of hire, departing Base of Operations, specific aircraft model (if applicable), number of passengers, specific equipment (e.g. float) or service (e.g. air ambulance), detention (waiting) time, (i.e. hours, days), crew expenses (e.g. overnight stay, if meals and accommodations will be provided by the Identified User), transportation of dangerous goods, additional insurance (e.g. all risk property in transit insurance), and any other relevant information.

      2. The Identified User must request from the Carrier a detailed quote, based on the required air charter service description provided to the Carrier, including a breakdown of all firm costs and estimated costs (e.g. fuel), and the Identified User must request that the quote be based on the Carrier's current Standing Offer in the NMSO for ACS, the Offer that is in effect on the date of the call-up. The Identified User should remind the Carrier that its Standing Offer rates are firm and exclude fuel but include lubricants.

      3. The Identified User must advise the Carrier that, in order to be considered for the award of a call-up, the Carrier must meet the following deadlines when responding to a request for quote from the Identified User:

        1. For urgent charter requirements (i.e. charter requirements within the following eight calendar days): The Carrier must provide its quote, including cost breakdown, within one business day following receipt of the request; OR

        2. For all other charter requirements: The Carrier must provide its quote, including cost breakdown, within five business days following receipt of the request.

      4. The Identified User must advise the Carrier that any quote the Carrier submits after the required deadline will not be considered unless the Identified User's subsequent request for quotes from one or more other Carriers do not result in receipt of an acceptable quote within their respective deadlines.

      5. The Identified User must request that the Carrier respond in writing, within the applicable deadline listed above, to either provide the quote or to confirm that it cannot provide the required air charter service.

      6. If no written response is received from the first Carrier by the required deadline, or if that Carrier confirms that it cannot provide the required air charter service, the Identified User must follow the detailed carrier-selection process above and then contact the Carrier offering the next lowest rate at the required Base of Operations. Continue this process until one Carrier at that Base of Operations provides a quote. After following the above process at the required Base of Operations, if the required service is not available at that Base of Operations, then the Identified User may consider nearby Bases of Operations to select a Carrier, again following the detailed carrier-selection process above.

      7. When a Carrier quote including cost breakdown is received, the Identified User must compare it to the Carrier's current Offer in the NMSO for ACS Catalogue in order to confirm that the rates are in accordance with the Carrier's current Offer. All discrepancies must be corrected prior to issuance of a call-up. The following will clarify which rates apply to a call-up and how to select the Carrier when one or more Carrier quotes include positioning and/or depositioning fees:

        1. The applicable rates are the rates valid on the date when form PWGSC-TPSGC 942 is sent to the carrier and not those in effect on the date that the air charter services are performed (i.e. if form PWGSC-TPSGC 942 is sent to the carrier on May 1st but the air charter services will take place on June 15th, the applicable rates for invoicing are those in effect on May 1st, not on June 15th); and

        2. If the Carrier's Offer includes a specific Aircraft Model at a specific Base of Operations, then the Carrier should not charge a positioning and/or a depositioning fee to bring that Aircraft Model to that Base of Operations. If the Carrier insists on charging positioning and/or depositioning fees, the Identified User must select the Carrier offering the next lowest rate for the required air charter service, as long as that Carrier does not charge positioning and/or depositioning fees. If all Carriers are charging positioning and/or depositioning fees, then the Identified User must select the Carrier offering the lowest overall total cost, including all fees and charges. The positioning and/or depositioning fees will be paid to (positioning) and/or from (depositioning) the mutually-agreed-upon point of hire between the two parties, the Identified User and the selected Carrier. Positioning and/or depositioning fees should only be paid once for each charter. A multi-day charter from a specific Base of Operations does not entitle the Carrier to fly back to its base of origin each day.

      8. The Identified User must follow the call-up process, must document that process for each call-up and must make that documentation available to the PWGSC Standing Offer Authority upon request.

    4. Selection of an Aboriginal Business under the Procurement Strategy for Aboriginal Business (PSAB)

      1. If the Identified User has decided to procure the required air charter service under PSAB, it can do so by choosing a supplier identified as Aboriginal in the NMSO for ACS Catalogue. The Identified User may consult with Indian and Northern Affairs Canada (INAC), the federal government department responsible for this program, to confirm that the Carrier is an Aboriginal Business and that it meets all of the requirements of the said program. The Identified User must still follow the above carrier-selection process to select the Aboriginal Business Carrier offering the lowest rate, taking into account any discount and off-season rate.

      2. In order to be considered as an Aboriginal Business under PSAB, a Carrier must self-identify as such when it registers online to obtain a Standing Offer and, as long as the Carrier completes the required Certification(s), it will be so identified in the NMSO for ACS Catalogue. Public Works and Government Services Canada (PWGSC) does not further investigate the Carrier's status nor keep this information up-to-date in the said Catalogue. It is the responsibility of the Identified User to contact INAC and confirm the Aboriginal Business Status. In order to confirm the status of the carrier, INAC may have to proceed to a verification which the carrier has agreed to in completing and signing the PSAB Certification documents.

    5. Call-up Approval

      1. The financial limitation for individual call-ups raised by an Identified User against the National Master Standing Offer for Air Charter Services must not exceed $100,000.00 (taxes included), unless pre-authorized by PWGSC.

      2. If the total estimated cost of the required air charter service is not greater than $100,000.00 (taxes included), the Identified User will prepare and approve the call-up using form PWGSC-TPSGC 942, "Call-up Against a Standing Offer".

      3. If the total estimated cost of the required air charter service is over $100,000.00 but not greater than $400,000.00 (taxes included), the Identified User must request a delegated increase in the financial limitation from the PWGSC Standing Offer Authority for that particular call-up. Once the delegated increase is approved by PWGSC, the Identified User will prepare and approve the call-up using form PWGSC-TPSGC 942, "Call-up Against a Standing Offer".

      4. If the total estimated cost of the required air charter service is over $400,000.00 (taxes included), the Identified User will prepare the call-up using form PWGSC-TPSGC 942, "Call-up Against a Standing Offer", and then forward it to the PWGSC Standing Offer Authority for PWGSC approval. After verification of adherence to the carrier-selection and call-up processes, PWGSC will approve and return the call-up form to the Identified User.

    6. Call-up Authorization

      After the form PWGSC-TPSGC 942, "Call-up Against a Standing Offer" has been approved by the Identified User's department or agency or Crown corporation or by PWGSC, the Identified User must send it to the Carrier as authorization that a contract has been entered into, after which the required air charter service may begin.


April 6, 2010

Effective June 1, 2010

The RFSO and NMSO documents have been revised as follows:

  1. At INSURANCE REQUIREMENTS clause:

    DELETE:
    The Contractor must comply with the insurance requirements specified in the Aircraft Charter Insurance clause, and the All Risk in Transit Insurance clause (if required).
    REPLACE BY:
    The Contractor must comply with the insurance requirements specified herein.
  2. At ALL RISK IN TRANSIT INSURANCE clause:

    DELETE:
    in its entirety
    REPLACE BY:

    PROPERTY IN TRANSIT COVERAGE

    It shall be the responsibility of the Identified User to evaluate the value of the goods to be carried and to communicate with the Contractor to determine if additional insurance is required to cover loss or damage to government property while under the Contractor's care, custody or control.

    The Identified User must provide to the Contractor, a fair and reasonable estimated value of the property to be carried. In the event of loss or damage, this value will be used to indemnify Canada for the basis of valuation (replacement value, agreed value or actual cash value) of the property as established between the Identified User and the Contractor.

    Based on the estimated value provided to the Contractor by the Identified User, it will be the Contractor's responsibility to ascertain if it's current insurance coverage is sufficient to cover the basis of valuation of the property in the event of loss or damage. If deemed necessary, it shall be the Contractor's responsibility to obtain the additional insurance coverage required.

    The Contractor must confirm in writing to the Identified User that the additional insurance will be provided, or that it's insurance covers the estimated value, as the case may be.

    The cost of any additional insurance shall be shown as a separate item on the invoice, with supporting documentation, and shall be payable by the Identified User.

    ALL RISK PROPERTY IN TRANSIT INSURANCE

    "All Risk" property in transit insurance coverage for all applicable conveyances shall be effected by the Contractor and maintained in force on Government property while under the care, custody or control of the Contractor. Government property shall be insured on the estimated value and basis of valuation (replacement value, agreed value or actual cash value) as established with the Identified User.

    For the purpose of the Property in Transit insurance policy, the limit of insurance and basis of valuation is subject to negotiation each and every time the Contractor is hired by the Government of Canada for Aircraft Charter Services when the Charter includes government property.

    Administration of Claims: The Contractor is responsible to monitor, investigate and document losses of or damage to government property to ensure that claims are properly made and paid to Canada as it's interests appear.

    The following clauses must be endorsed in the policy:

    1. Notice of Cancellation: The insurer agrees to give the Contracting Authority at least thirty (30) days written notice of any policy cancellation or any changes in the policy coverage.

    2. Loss Payable: Government of Canada as their interest appears or as they may direct.


March 5th, 2010

Effective June 1st, 2010

The RFSO and NMSO documents have been revised as follows:

  1. At CONTRACTOR'S RESPONSIBILITY clause:

    DELETE:
    in its entirety
    REPLACE BY:

    INSURANCE REQUIREMENTS

    The Contractor must comply with the insurance requirements specified in the Aircraft Charter Insurance clause, and the All Risk in Transit Insurance clause (if required). The Contractor must maintain the required insurance coverage for the duration of the Contract. Compliance with the insurance requirements does not release the Contractor from or reduce its liability under the Contract.

    The Contractor is responsible for deciding if additional insurance coverage is necessary to fulfill its obligation under the Contract and to ensure compliance with any applicable law. Any additional insurance coverage is at the Contractor's expense, and for its own benefit and protection.

    The Contractor must forward to the Contracting Authority prior to the date of award of the Contract, a Certificate of Insurance evidencing the insurance coverage and confirming that the insurance policy complying with the requirements is in force. Coverage must be placed with an Insurer licensed to carry out business in Canada. The Contractor must, if requested by the Contracting Authority, forward to Canada a certified true copy of all applicable insurance policies.

  2. At AVIATION LIABILITY clause:

    DELETE:
    in its entirety
  3. At AIRCRAFT CHARTER clause:

    DELETE:
    in its entirety
    REPLACE BY:

    AIRCRAFT CHARTER INSURANCE

    1. The Contractor must not provide a domestic or international aircraft charter service to Canada unless, for every incident related to the Contractor's operation of that service, it has:

      1. liability insurance covering risks of injury to or death of passengers in an amount that is not less than the amount determined by multiplying $300,000 by the number of passenger seats on board the aircraft engaged in the service, or in accordance with the applicable regulations, whichever is greater;
      2. in addition to passenger liability limits in (a) above, insurance covering risks of public liability in an amount that is not less than:
        1. $1,000,000, where the maximum permissible take-off weight of the aircraft less than 3,402 kg (7,500 pounds);
        2. $2,000,000, where the maximum permissible take-off weight of the aircraft is between 3,402 kg (7,500 pounds) and 8,165 kg (18,000 pounds); and,
        3. $2,000,000 plus an amount determined by multiplying $68 by the number of kilograms by which the maximum permissible take-off weight of the aircraft exceeds 8,165 kg (18,000 pounds), where the maximum permissible take-off weight of the aircraft is over 8,165 kg.
    2. The insurance coverage required by subsection 1.(a) does not need to extend to any passenger who is an employee of the Contractor if workers' compensation legislation governing a claim for damages against that Contractor by the employee is applicable.

    3. The Contractor's insurance must include the following:

      1. Additional Insured: Canada is added as an additional insured, but only with respect to liability arising out of the Contractor's performance of the Contract. The interest of Canada as additional insured should read as follows: Canada, represented by Public Works and Government Services Canada.

      2. Notice of Cancellation: The Insurer will endeavour to provide the Contracting Authority thirty (30) days written notice of cancellation.

      3. Cross Liability/Separation of Insureds: Without increasing the limit of liability, the policy must protect all insured parties to the full extent of coverage provided. Further, the policy must apply to each Insured in the same manner and to the same extent as if a separate policy had been issued to each.

      4. Contractual Liability: The policy must, on a blanket basis or by specific reference to the contract, extend to assumed liabilities with respect to contractual obligations.

      5. Litigation Rights: Pursuant to subsection 5(d) of the Department of Justice Act, S.C. 1993, c. J-2, s.1, if a suit is instituted for or against Canada which the Insurer would, but for this clause, have the right to pursue or defend on behalf of Canada as an Additional Named Insured under the insurance policy, the Insurer must promptly contact the Attorney General of Canada to agree on the legal strategies by sending a letter, by registered mail or by courier, with an acknowledgement of receipt.

        For the province of Quebec, send to:
        Director Business Law Directorate,
        Quebec Regional Office (Ottawa),
        Department of Justice,
        284 Wellington Street, Room SAT-6042,
        Ottawa, Ontario, K1A 0H8

        For other provinces and territories, send to:
        Senior General Counsel,
        Civil Litigation Section,
        Department of Justice
        234 Wellington Street, East Tower
        Ottawa, Ontario K1A 0H8

      A copy of the letter must be sent to the Contracting Authority. Canada reserves the right to co-defend any action brought against Canada. All expenses incurred by Canada to co-defend such actions will be at Canada's expense. If Canada decides to co-defend any action brought against it, and Canada does not agree to a proposed settlement agreed to by the Contractor's insurer and the plaintiff(s) that would result in the settlement or dismissal of the action against Canada, then Canada will be responsible to the Contractor's insurer for any difference between the proposed settlement amount and the amount finally awarded or paid to the plaintiffs (inclusive of costs and interest) on behalf of Canada.

  4. At PROPERTY IN TRANSIT COVERAGE clause:
    DELETE:
    in its entirety
  5. At ALL RISK PROPERTY IN TRANSIT INSURANCE clause:

    DELETE:
    in its entirety
    REPLACE BY:

    ALL RISK IN TRANSIT INSURANCE

    1. The Contractor must obtain on the Government's Property, and maintain in force throughout the duration of the Contract, All Risk Property in Transit insurance coverage for all applicable conveyances while under its care, custody or control, in an amount of not less than $______ per shipment. Government Property must be insured on _________ basis. (Identified Users must insert one of the following basis of valuation: "Replacement Cost (new)"; "Actual Cash Value (depreciated cost)" or "Agreed Value (appraisal)")
    2. Administration of Claims: The Contractor must notify Canada promptly about any losses or damages to Government Property and monitor, investigate and document losses of or damage to ensure that claims are properly made and paid.
    3. The All Risk Property in Transit insurance must include the following:
      1. Notice of Cancellation: The Insurer will endeavour to provide the Contracting Authority at least thirty (30) days written notice of any policy cancellation.
      2. Loss Payee: Canada as its interest appears or as it may direct.
      3. Waiver of Subrogation Rights: Contractor's Insurer to waive all rights of subrogation against Canada as represented by ____________ (insert department) and Public Works and Government Services Canada for any and all loss of or damage to the property however caused.

September 24th, 2009

Effective December 1st, 2009

The RFSO and NMSO documents have been revised as follows:

  1. At IDENTIFIED USERS clause:

    DELETE:
    in its entirety
    REPLACE BY:

    IDENTIFIED USERS

    The Identified Users authorized to make call-ups against the Standing Offer include any government department, agency or Crown corporation listed in Schedules I, I.1, II, III, of the Financial Administration Act, R.S., 1985, c. F-11.


December 1st, 2007

Effective December 1st, 2007

  1. The RFSO and NMSO documents have been revised as follows:

    1. In reference to the RFSO document, at Annex "A" - Preparation of Offers, Proposed Basis of Payment, Crew Expenses:

    2. In reference to the NMSO document, at Annex "A" - Basis of Payment, Basis of Payment, Crew Expenses:

      DELETE:
      When the nature of the Charter ... profit.
      REPLACE BY:

      When the nature of the Charter requires the Carrier's personnel to live away from the Carrier's Base of Operations (this includes weather conditions), the Carrier shall be reimbursed for actual expenses incurred, supported by receipts (receipts not required for meals and incidentals), with no allowance for overhead or profit.

  2. The RFSO and NMSO documents have been revised as follows:

    1. In reference to the RFSO document, at Annex "A" - Preparation of Offers, Proposed Basis of Payment, 2. Rotary Wing Aircraft Only, (iv) Daily Minimums, sub-item (d):

    2. In reference to the NMSO document, at Annex "A" - Basis of Payment, 2. Rotary Wing Aircraft Only, (v) Daily Minimums, sub-item (d):

      DELETE:
      The Daily Minimum ... one day.
      REPLACE BY:

      The Daily Minimum will be averaged over the Charter period when the aircraft is under the control of the Charterer for more than one day. If the Charter period is extended, the Daily Minimum will be added to each day of the extension and averaged over the revised Charter period.

  3. AIR TRANSPORTATION TAX (FIXED WING ONLY). This clause has been deleted.

September 14, 2005

Effective December 1, 2005

The RFSO document has been revised as follows:

  1. The call-up document has been revised from PWGSC-TPSGC "2829" to "942" as reflected in the following clauses:

    OFFER AND PRE-AWARD COSTS

    No payment shall be made for costs incurred in the preparation and submission of an offer in response to this RFSO.

    No costs incurred before receipt of a signed PWGSC-TPSGC 942 "Call-Up against a Standing Offer" can be charged to any resulting Call-up.

    CALL-UP AUTHORIZATION

    Call-ups for work against this Standing Offer will be authorized by the Identified User using form PWGSC-TPSGC 942, "Call-up Against a Standing Offer".

  2. An additional "maximum individual call-up limitation" clause has been added as follows:

    FINANCIAL LIMITATION - INDIVIDUAL CALL-UP
    (Applicable to Parks Canada Agency's forest fire suppression emergencies and NRCAN's various projects throughout the North only)

    Individual call-ups against this Standing Offer must not exceed $400,000.00 (GST/HST, included).


March 11, 2005

Effective January 14, 2005

The RFSO document has been revised as follows:

  1. DATA ENTRY DATES, PUBLISHING DATES AND SUPPLY PERIODS

    The number of bid closings has been reduced from three (3) to two (2) annually, therefore:

    1. the "Deadline Dates for Data Entry and Updates of Prices, Rates and Services" on the Air Charter Services (ACS) On-Line System web site have been revised:

      from:

      • March 1st
      • July 2nd
      • November 1st

      to:

      • April 18th
    2. the "Publishing Dates" for the NMSO Electronic Catalogue web site have been revised:

      from:

      • April 1st
      • August 1st
      • December 1st

      to:

      • June 1st
      • December 1st
    3. the "NMSO Supply Periods" have been revised:

      from:

      • April 1st to July 31st
      • August 1st to November 30th
      • December 1st to March 31st

      to:

      • June 1st to November 30th
      • December 1st to May 31st
  2. COMMERCIAL GENERAL LIABILITY. This clause has been deleted.

  3. AIRCRAFT CHARTER. The following paragraphs have been reinstated into the clause:

    1. (b), (i), (ii) and (iii), and 4.
  4. TARIFFS. This clause has been deleted.

    (Contrary to the previous amendment to the RFSO document (effective August 1, 2004), it has been determined by the Canadian Transportation Agency Legal Counsel that due to PWGSC legislation, the NMSO cannot be considered a "confidential contract").

  5. VALUATION FOR DAMAGE TO PROPERTY. This clause has been deleted.

  6. DISCLOSURE OF INFORMATION. This clause has been reinstated as follows:

    The Offeror agrees to the disclosure of its Standing Offer unit prices by Canada, and further agrees that it shall have no right to claim against Canada, the Minister, the Identified User, their employees, agents or servants, or any of them, in relation to such disclosure.

  7. PROPERTY IN TRANSIT COVERAGE. This clause has been added as follows:

    It shall be the responsibility of the Identified User to evaluate the value of the goods to be carried and to communicate with the Contractor to determine if additional insurance is required to cover loss or damage to government property while under the Contractor's care, custody or control.

    The Identified User must provide to the Contractor, a fair and reasonable estimated value of the property to be carried. In the event of loss or damage, this value will be used to indemnify Canada for the basis of valuation (replacement value, agreed value or actual cash value) of the property, as established between the Identified User and the Contractor.

    Based on the estimated value provided to the Contractor by the Identified User, it will be the Contractor's responsibility to ascertain if it's current insurance coverage is sufficient to cover the basis of valuation of the property in the event of loss or damage. If deemed necessary, it shall be the Contractor's responsibility to obtain the additional insurance coverage required.

    The Contractor must confirm in writing to the Identified User that the additional insurance will be provided, or that it's insurance covers the estimated value, as the case may be.

    The cost of any additional insurance shall be shown as a separate item on the invoice, with supporting documentation, and shall be payable by the Identified User.

  8. ALL RISK PROPERTY IN TRANSIT INSURANCE. This clause has been added as follows:

    "All Risk" property in transit insurance coverage for all applicable conveyances shall be effected by the Contractor and maintained in force on Government property while under the care, custody or control of the Contractor. Government property shall be insured on the estimated value and basis of valuation (replacement value, agreed value or actual cash value) as established with the Identified User.

    For the purpose of the Property in Transit insurance policy, the limit of insurance and basis of valuation is subject to negotiation each and every time the Contractor is hired by the Government of Canada for Aircraft Charter Services when the Charter includes government property.

    Administration of Claims: The Contractor is responsible to monitor, investigate and document losses of or damage to government property to ensure that claims are properly made and paid to Canada as it's interests appear.

    The following clauses must be endorsed in the policy:

    1. Notice of Cancellation: The insurer agrees to give the Contracting Authority at least thirty (30) days written notice of any policy cancellation or any changes in the policy coverage.
    2. Loss Payable: Government of Canada as their interest appears or as they may direct.

May 31, 2004

Effective: August 1, 2004

The RFSO document has been revised as follows:

  1. AVIATION LIABILITY

    The limit of liability has been changed from "$5,000,000.00" to not less than "$2,000,000.00".

  2. AIRCRAFT CHARTER

    The Insurance covering risks of public liability forms part of Aviation Liability therefore the following paragraphs have been deleted from the Aircraft Charter clause:

    1. (b), (i), (ii) and (iii), and 4.

May 4, 2004

Effective: August 1, 2004

The RFSO document has been revised as follows:

  • TARIFFS

    Under Section 68. (1) of the Canada Transportation Act, Sections 66, 67, 67.1 and 67.2 do not apply in respect of fares, rates, charges or terms and conditions of carriage applicable to a domestic service provided for under a contract between a holder of a Domestic Licence and another person whereby the parties to the contract agree to keep its provisions confidential.

    A call-up issued against the NMSO is considered a "confidential" contract. By removing the "DISCLOSURE OF INFORMATION" clause from the RFSO, the rates become protected and the Public Tariff is no longer applicable. As a result, Carriers are not required to quote in accordance with their Tariff.

    The "DISCLOSURE OF INFORMATION" clause has been deleted.

    The following "TARIFFS" clause has been added:

    TARIFFS

    As the Public Tariff is not applicable and a Confidential Contract applies, in accordance with Section 68 (1) of the Canada Transportation Act, the rates, charges or terms and conditions of the Domestic Tariff will not be applicable. These articles of Agreement will apply to the resulting document.

    The following "VALUATION FOR DAMAGE TO PROPERTY" clause has been added:

    VALUATION FOR DAMAGE TO PROPERTY

    In the event that the Contractor is found negligent in causing damage to property while in it's care, custody and control, the settlement of such claim is Actual Cash Value and is agreed to by both parties. If applicable, the extra cost for this coverage is assumed by the entity negotiating the contract.

  • BASIS OF PAYMENT - FIXED WING AIRCRAFT ONLY

    "Minimum Charge per Charter" has been deleted and replaced with "Minimum Charge per Flight".

    As defined in the Air Charter Conditions, Article 1. (c), pricing should reflect the minimum charge per flight in lieu of per charter.

  • INSURANCE

    The current Insurance clauses have been deleted.

    The following Insurance and Liability coverage clauses have been added:

    CONTRACTOR'S RESPONSIBILITY

    1. It shall be the sole responsibility of the Contractor to decide whether or not any other insurance coverage, in addition to the insurance requirements stipulated in the bid solicitation and resulting contract, is necessary for its own protection or to fulfill its obligations under the contract. Any such insurance shall be provided and maintained by the Contractor at its own expense.

      The insurance provisions contained herein shall not limit any insurance required by federal, provincial or municipal law.

    2. To meet the insurance requirements of the Contract, the Contractor shall forward to the Contracting Authority, upon the execution of the Contract, or within ten (10) days thereof; a Certificate of Insurance containing reasonable detail of the insurance coverage, exclusions, deductibles and conditions applying to such policies and confirming that the insurance is in force to meet these requirements or, at the request of the Contracting Authority, a certified true copy of all applicable insurance policies.

    COMMERCIAL GENERAL LIABILITY

    Commercial General Liability insurance shall be effected by the Contractor and maintained in force throughout the duration of the Contract, in an amount usual for a contract of this nature, but, in any case, for a limit of liability NOT LESS THAN $2,000,000 per accident or occurrence and in the annual aggregate.

    The policy must include the following endorsements:

    1. Additional Insured Endorsement: Canada is included as an additional insured, but only with respect to liabilities that may arise from the contractor's own negligence, in the performance of the contract.
    2. Notice of Cancellation Endorsement or Amendments: The Insurer agrees to provide the Contracting Authority thirty (30) days written notice of policy cancellation.
    3. Cross Liability Endorsement: Without increasing the limit of liability, the policy shall protect all insured parties to the full extent of coverage provided. Further, the policy shall apply to each Insured in the same manner and to the same extent as if a separate policy had been issued to each.
    4. Joint and Several Liability Endorsement: The policy shall respond to liability arising from negligence of the insured contractor, any Insured, or joint negligence of Insured parties.
    5. Contractual Liability Endorsement: The policy shall, on a blanket basis or by specific reference to this contract, extend to assumed liabilities with respect to contractual insurance provisions.
    6. Contingent Employer's Liability Endorsement": To protect the contractor for liabilities arising in the management and administration of statutory and contractual entitlements of their employees.
    7. Employees and Volunteers as Additional Insured: All employees and volunteers, on behalf of the contractor, shall be included as additional insured.
    8. Voluntary Medical Payments, $5,000 per person, $25,000 per accident: To provide, without contestation, for expenses incurred in instances of minor accidental bodily injuries.
    9. Independent Contractors Liability Endorsement (if any): Unless otherwise insured elsewhere, and evidence thereof is secured by the Contractor, all subcontractors are included as Insured by the policy.

    AVIATION LIABILITY

    Aviation Liability insurance shall be effected by the Contractor and maintained in force throughout the duration of the Contract, in an amount usual for a contract of this nature, but, in any case, for a limit of liability NOT LESS THAN $5,000,000 per accident or occurrence and in the annual aggregate.

    The policy must include the following endorsements:

    1. Additional Insured Endorsement: Canada is included as an Additional Insured, but only with respect to liabilities that may arise from the contractor's own negligence in the performance of the contract.
    2. Notice of Cancellation Endorsement: The Insurer agrees to provide the Contracting Authority thirty (30) days written notice of policy cancellation.
    3. Cross Liability Endorsement: Without increasing the limit of liability, the policy shall protect all insured parties to the full extent of coverage provided. Further, the policy shall apply to each Insured in the same manner and to the same extent as if a separate policy had been issued to each.
    4. Joint and Several Liability Endorsement: The policy shall respond to liability arising from negligence of the insured contractor, any Insured, or joint negligence of Insured parties.
    5. Contractual Liability Endorsement: The policy shall, on a blanket basis or by specific reference to this contract, extend to assumed liabilities with respect to contractual insurance provisions.
    6. Employees and Volunteers as Additional Insured: All employees and volunteers, on behalf of the contractor, shall be included as additional insured.

    AIRCRAFT CHARTER

    1. The Contractor shall not provide a domestic aircraft charter service or an international aircraft charter service to Canada unless, for every incident related to the Contractor's operation of that service, it has:

      1. Liability insurance covering risks of injury to or death of passengers in an amount that is not less than the amount determined by multiplying $300,000 by the number of passenger seats on board the aircraft engaged in the service; and
      2. Insurance covering risks of public liability in an amount that is not less than:
        1. $1,000,000, where the Maximum Certified Take-off Weight (MCTOW) of the aircraft engaged in the service is not greater than 7,500 pounds;
        2. $2,000,000, where the MCTOW of the aircraft engaged in the service is greater than 7,500 pounds but not greater than 18,000 pounds; and,
        3. where the MCTOW of the aircraft engaged in the service is greater than 18,000 pounds, $2,000,000 plus an amount determined by multiplying $150 by the number of pounds by which the MCTOW of the aircraft exceeds 18,000 pounds.
    2. The insurance coverage required by subsection 1.(a) need not extend to any passenger who is an employee of the Contractor if workers' compensation legislation governing a claim for damages against that Contractor by the employee is applicable.

    3. The Contractor shall not take out third party liability insurance to comply with section 1 that contains an exclusion or waiver provision reducing insurance coverage for any incident below the applicable minima determined pursuant to that subsection, unless that provision:

      1. consists of standard exclusion clauses adopted by the international aviation insurance industry dealing with:
        1. noise and pollution and other perils; or,
        2. aviation radioactive contamination;
      2. is in respect of chemical drift;

      3. is to the effect that the insurance does not apply to liability assumed by the Contractor under any contract or agreement unless such liability would have attached to the Contractor even in the absence of such contract or agreement;

      4. is to the effect that the entire policy shall be void if the Contractor has concealed or misrepresented any material fact or circumstance concerning the insurance or the subject thereof or if there has been any fraud, attempted fraud or false statement by the Contractor touching any matter relating to the insurance or the subject thereof, whether before or after a loss.

      Notwithstanding subsections 3.(b) and 3.(c), the Contractor's liability stipulated in the Contract terms and conditions shall remain unchanged.

    4. The Contractor may have a commercial single limit liability coverage where liability risks are covered by a single policy or a combination of primary and excess policies, but no single limit liability coverage of that Contractor shall be for an amount that is less than the applicable combined insurance minimal determined pursuant to subsections 1.(a) and 1.(b).

      The policy must include the following endorsements:

      1. Additional Insured Endorsement: Canada is included as an Additional Insured under any liability insurance policies for Canada's respective rights and interests under the Contract.

      2. Notice of Cancellation Endorsement: The Insurer agrees to provide the Contracting Authority thirty (30) days written notice of policy cancellation.

      3. Cross Liability Endorsement: Without increasing the limit of liability, the policy shall protect all insured parties to the full extent of coverage provided. Further, the policy shall apply to each Insured in the same manner and to the same extent as if a separate policy had been issued to each.

      4. Contractual Liability Endorsement: The policy shall, on a blanket basis or by specific reference to this contract, extend to assumed liabilities with respect to contractual insurance provision.

  • Archive:

    May 13, 2003

    CHANGES/ADDITIONS TO THE TERMS AND CONDITIONS

    The RFSO and NMSO documents have been revised. For a PDF copy of the documents, please contact the Standing Offer Authority.


    February 6, 2003

    Reference: Request for Standing Offers (RFSO) document, page 28, clause: "Airport Fee, NavCan Charges, Air Travellers Security Charge and Miscellaneous Charges:"

    The referenced clause has been revised to read as follows:

    Airport Fee will be charged at cost, with no allowance for overhead or profit. In lieu of receipts, the Carrier must provide evidence of airport charge at the commencement of Charter.

    NavCan Charges and Miscellaneous Charges such as ground handling, deicing and other services offered by a subcontractor of the Carrier, shall be reimbursed at cost, supported by receipts, with no allowance for overhead or profit.

    Air Travellers Security Charge (ATSC), if applicable, will be paid by the Charterer and collected by the Carrier at listed Airports for the ATSC.