WACS) for Passenger (PAX) and Cargo Aircraft
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NATO UNCLASSIFIED Statement of Work (SOW) for the Provision of RFP PRE21005 Worldwide Aircraft Charter Services (WACS) for Passenger (PAX) and Cargo Aircraft Prepared by NSPA VERSION 1.00 Amendment Record Revision/ Reference(s) Page(s) Date Of Issue Remarks Amendment 1st ISSUE All All 3 DECEMBER 2020 - For BCR All All All 23 February 2021 PRO NATO Support and Procurement Agency (NSPA) CAPELLEN (Grand Duchy of LUXEMBOURG) NATO UNCLASSIFIED Table of Contents PART 1. EXECUTIVE SUMMARY .......................................................................................................... 3 PART 2. LEGAL STATUS OF NSPA AND THE CONTRACTOR ............................................................ 3 PART 3. LIABILITY OF THE CARRIER ................................................................................................... 4 PART 4. AUTHORIZED AIR OPERATOR ............................................................................................... 4 PART 5. SERVICES TO BE PROVIDED ................................................................................................. 5 PART 6. SPECIFIC REQUIREMENTS .................................................................................................... 6 PART 7. INSURANCE ............................................................................................................................. 7 PART 8. ACTIVATION OF SERVICES .................................................................................................... 8 PART 9. REPORTING ............................................................................................................................ 9 APPENDIX A: DEFINITIONS, ABBREVIATIONS AND ACRONYMS ....................................................... 11 ANNEX A: STATEMENT OF WORK (SOW) WCAS Contract PART 1. EXECUTIVE SUMMARY 1. Within the framework of this Basic Contractual Instrument (BCI), the Contractor shall provide Worldwide Aircraft Charter Services (WACS) to NSPA by providing short-, medium- and long-range passenger aircraft (PAX), or cargo aircraft (CARGO), for planned routine and short notice missions. 2. The Contractor shall be required to primarily provide airport-to-airport Aircraft WCAS but also door-to-door WCAS, including pre-carriage, cargo handling, aircraft ramp handling, customs clearance, ticketing, boarding and post-carriage. PART 2. LEGAL STATUS OF NSPA AND THE CONTRACTOR 1. The Contractor shall be legally and physically established in a NATO Member State and shall act as either a carrier or an agent of the carrier, acting on its behalf. In the latter case, the Contractor shall require the carrier to: 1.1 Remain in control of the aircraft and be responsible for navigation, operation, maintenance and insurance of the aircraft. 1.2 Ensure that the flight crew, technicians and maintenance personnel shall at all times remain the servants or agents of the carrier, whoever is the carrier. 1.3 Operate the aircraft at all times in fully safe condition and completely airworthy in compliance with laws and regulations, rules, standards and recommended practices, in particular to the Convention on International Civil Aviation. 1.4 Obtain and maintain in good standing all necessary certifications and authorizations by appropriate governmental authorities to perform air transportation services required under this Contract. 1.5 Avoid any actions, which may lead to the cancellation of any certification and authorization required to be maintained for the provision of the services. 1.6 Perform the flight(s) in accordance with the schedule provided by NSPA. However, the pilot in command shall retain the right to make decisions as to the feasibility of a flight in the light of weather or other conditions, for the safety of the passengers and cargo. 1.7 The Contractor shall carry out due diligence to establish that any operator they engage for a flight or flights is properly licensed, insured, documented and competent, and that the aircraft to be used is airworthy and properly maintained. 2. NSPA is an agent of its customer and acts on its behalf. With respect to the carriage of passengers, NSPA acts as an agent of the passengers. Passengers shall be regarded as having a direct contractual relationship with the carrier for the purposes of any liability. NATO UNCLASSIFIED 03.12.2020 Page 3 of 11 ANNEX A: STATEMENT OF WORK (SOW) WCAS Contract PART 3. LIABILITY OF THE CARRIER 1. The carrier’s liability shall be governed by the Warsaw Convention and its amended versions, by the Montreal Convention of 1999 and its amended versions, or by any other national or international aviation law, whichever is applicable to the carriage in question. 2. Liability for carriage originating from, or destined to, or moved within a European Union (EU) Member State or operated by a community air carrier pursuant to Regulation (EEC) No 2407/92, shall be governed by the Regulation (EC) No 2027/97, as amended by Regulation (EC) No 889/2002. PART 4. AUTHORIZED AIR OPERATOR 1. Only Air Operators registered with the following Agencies are eligible for providing WCAS to NSPA: 1.1 European Aviation Safety Agency (EASA), together with all the Civil Aviation Agencies (CAAs) of the Member States, which are NATO Member States (Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and United Kingdom), for chartered aircraft operated: 1.1.1 Either by an Operator from one of the EASA Member States, where the aircraft holds a Certificate of Airworthiness (CoA) issued by one of those EASA Member States or is subject to a dry lease agreement with a foreign Operator. if approved by the CAA of the Operator from one of those EASA Member States. 1.1.2 Or into, within or out of one of the EASA Member States, by a Third Country Operator (TCO) holding a TCO Authorization issued by EASA, in accordance with EC Regulation 452/2014. This is also applicable to foreign Operators providing aircraft under a wet lease agreement. The up-to-date list of TCO Authorizations issued by EASA is accessible on the following webpage: https://www.easa.europa.eu/download/tco- lists/TCO%20Status%20Report.pdf 1.2 U.S. Federal Aviation Administration (FAA) for chartered aircraft operated: 1.2.1 Either by an U.S. Operator, where the aircraft holds a CoA issued by the FAA or is subject to a dry lease agreement with a foreign Operator. 1.2.2 Or into, within or out of the U.S., by a foreign Operator holding a Foreign Air Carrier Permit issued by the U.S. Department of Transportation (DoT) further to an evaluation of the CAA of the State of the Operator carried out by the FAA in the frame of the International Aviation Safety Assessment (IASA) Program. This is also applicable to foreign Operators providing aircraft under a wet lease agreement. NATO UNCLASSIFIED 03.12.2020 Page 4 of 11 ANNEX A: STATEMENT OF WORK (SOW) WCAS Contract 1.3 Transport Canada Civil Aviation (TCCA) for chartered aircraft operated: 1.3.1 Either by a Canadian Operator, where the aircraft holds a CoA issued by TCCA or is subject to a dry lease agreement with a foreign Operator. 1.3.2 Or into, within or out of Canada, by a foreign Operator holding a Foreign Air Operator Certificate (FAOC) issued by the Minister of Transport in accordance with Section 701.01 of the Canadian Aviation Regulations (CARs). This case is also applicable to foreign Operators providing aircraft under a wet lease agreement. 1.4 An operator registered in Albania, Montenegro, North Macedonia or Turkey, or, after 31 December 2020, the United Kingdom shall hold: 1.4.1 Either a TCO Authorization issued by EASA in accordance with EC Regulation 452/2014 (This case is also applicable to foreign Operators providing aircraft under a wet lease agreement); 1.4.2 Or a Foreign Air Carrier Permit issued by the Department of Transportation (DoT) further to an evaluation of the CAA of the State of the Operator carried out by the FAA in the frame of the International Aviation Safety Assessment (IASA) Program (This case is also applicable to foreign Operators providing aircraft under a wet lease agreement); 1.4.3 Or a Foreign Air Operator Certificate (FAOC) issued by the Minister of Transport in accordance with Section 701.01 of the Canadian Aviation Regulations (CARs) (This case is also applicable to foreign Operators providing aircraft under a wet lease agreement). 3. In the event a chartered aircraft is tendered for a flight by chartered aircraft outside US, Canada and the EASA Member States, and the contracted Operator holds either a Foreign Air Carrier Permit issued by FAA, or an FOAC issued by TCCA, or a TCO Authorization issued by EASA applicable to the aircraft, NSPA will assess, on a case-by-case basis, whether the FAA, TCCA or EASA is applicable. 4. Charter flights to be provided in areas where no Operators that are registered with either FAA, TCCA or EASA can be sourced shall be authorized by NSPA on a case-by-case basis. PART 5. SERVICES TO BE PROVIDED 1. The Contractor shall provide WCAS services by all types of aircraft according to the load configurations in terms of CARGO and PAX. 1.1 CARGO may include heavy, bulky, oversized and dangerous goods items. The Contractor shall issue a cargo manifest and an Air Waybill (AWB) for each flight. 1.2 PAX aircraft charter flights are usually arranged for military personnel (e.g., combat troops) and/or civilian personnel, including their personal belongings up to