Trade Agreement: CETA/WTO-AGP/CPTPP/CFTA/FTAs with Peru/Colombia/Panama/Korea/UK
Tendering Procedures: All interested suppliers may submit a bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address:
Knight Aerospace Medical Systems LLC
3606 SW 36th Street, Suite 101
San Antonio Texas
United States
78226
Nature of Requirements:
Advance Contract Award Notice (ACAN)
AIR TRANSPORTABLE GALLEY
AND LAVATORY (ATGL) REPLACEMENT
1. Advance Contract Award Notice (ACAN)
An Advance Contract Award Notice (ACAN) is a public notice indicating to the supplier community that a department or agency intends to award a contract for goods, services or construction to a pre-identified supplier, thereby allowing other suppliers to signal their interest in bidding, by submitting a statement of capabilities. If no supplier submits a statement of capabilities that meets the requirements set out in the ACAN, on or before the closing date stated in the ACAN, the Contracting Officer may then proceed with the award to the pre-identified supplier.
2. Definition of the requirement
The Department of National Defence (DND) requires a supply of new Commercial Off-The Shelf (COTS) Air transportable Galley and Lavatory (ATGL) units in accordance with the specifications listed in this document to be used on the CC177 Globemaster III aircraft fleet.
3. Criteria for assessment of the Statement of Capabilities (Minimum Essential Requirements)
Any interested supplier must demonstrate by way of a Statement of Capabilities that its product/equipment/system (as appropriate) meets the following minimum mandatory requirements
3.1 Technical Specifications and Mandatory Requirements - General
3.1.1 The ATGL must be able to secure to a CC177 using both 88-inch and 108-inch biases.
3.1.2 The ATGL must include a megaphone and a storage location for a megaphone.
3.1.3 The ATGL must be transportable using a forklift.
3.1.4 The ATGL must not require any modification to the CC177 aircraft.
3.1.5 All LRUs must be COTS assemblies certified as airworthy against MIL-STD-461 and either Canadian, United States of America, or European aviation standards listed in listed in paragraph 5.2.2 below.
3.1.6 All consumables and equipment required for servicing the ATGL between uses must be able to be stored on or in the ATGL.
3.1.7 The ATGL must operate using a 155/208 VAC, 3-phase, 400 Hz power supply.
3.1.8 Materials that are considered toxic, carcinogenic, or otherwise injurious must not be used unless there are no less hazardous alternatives available.
3.1.9 Safe handling procedure must be in place for parts containing hazardous substances that pose risks to the environment, health and safety of the person or safety of the equipment.
3.1.10 Asbestos must not be used in the design or construction of the ATGL.
3.1.11 The ATGL must be able to secure 91 kilograms of cargo on top of the structure.
3.1.12 All signage used on the ATGL must be in both French and English. Translation must be verified by the Contract TA prior to delivery.
3.1.13 Maintenance of the ATGL must not require the use of proprietary tooling or equipment.
3.1.14 Use of refrigerants and halocarbons must be in compliance with the Federal Halocarbon Regulations and Ozone Depleting Substances and Halocarbon Alternatives Regulations listed in 5.2.7 and 5.2.8 below.
3.2 Technical Specifications and Mandatory Requirements - Lavatory
3.2.1 Each ATGL must have a minimum of two toilets. Each toilet must be enclosed into its own lavatory with interior lighting and a locking door to afford the occupant privacy from other passengers. Each lavatory must include a toilet paper dispenser.
3.2.2 The toilet system must incorporate a vacuum and/or pump system that allows the operator to drain the toilet system without direct handing of biohazardous waste. The ATGL must carry all hoses required to service the toilet unit.
3.2.3 The ATGL must provide waste tank and clean tank liquid level indication.
3.2.4 Each ATGL lavatory must include an external mechanism to unlock the lavatory in case of an emergency. The mechanism must be operated by hand without the use of any tools.
3.2.5 Each ATGL lavatory must include a smoke and fire detection system that includes external aural and visual alarms sufficient to draw the attention of passengers and crew.
3.2.6 Each ATGL lavatory must provide a call attendant function inside the lavatory that illuminates an external notification light.
3.2.7 Each ATGL lavatory must include a return to seat / fasten seatbelt light inside the lavatory that enables the crew to notify the lavatory occupant.
3.2.8 In the event of aircraft decompression, each ATGL lavatory must include a storage location for an emergency portable oxygen system. DND will provide the emergency portable oxygen system.
3.2.9 Each ATGL lavatory must include refuse disposal with an automatic fire extinguishing system.
3.2.10 If the toilet system does not permit the disposal of sanitary wipes or menstrual products there must be clear signage in each lavatory directing occupants to use the refuse receptacle.
3.2.11 Each ATGL lavatory must include a sink and a soap dispenser for handwashing and a paper towel dispenser for hand drying. Paper towel must be of a size that is commercially available from multiple suppliers.
3.2.12 Each ATGL lavatory must include No Smoking placards.
3.2.13 At least one lavatory must include a diaper changing table. If there are multiple lavatories and they do not all include a diaper changing table, the lavatory with the changing table must be identified with an external marking. The diaper changing table must have a weight rating of at least 15 kilograms and be certified to ASTM F2285-22 or equivalent.
3.2.14 The toilet system must not ventilate into the cargo compartment. The toilet system must not cause the cargo area to become filled with noxious or foul odors.
3.3 Technical Specifications and Mandatory Requirements - Galley
3.3.1 The ATGL must be able to hold at least one litre of potable water per passenger using internal storage (138 litres).
3.3.2 The ATGL must provide cold storage for at least 138 economy-size meals between 0o C and 4o C (32oF and 39oF). The ATGL must provide dry storage for at least 138 small snacks.
3.3.3 The ATGL must provide the ability to heat 138 economy-size meals to safe temperature of 74o C or 165o F within two hours of removal from refrigeration.
3.3.4 The ATGL must include a coffee brewing assembly.
3.3.5 The ATGL must include a hot water dispenser or hot beverage cup.
4. Background
4.1 The mission set for the CC177 Globemaster III includes a passenger transportation role. There is a requirement to provide additional lavatory and galley capacity beyond the baseline capacity of the aircraft. Though no formal regulation exists for the ratio of toilets-to-passengers, it is understood that the aircraft’s integrated lavatory and small meal preparation area is inadequate for an ocean crossing with as many as 138 passengers and crew onboard.
4.2 The current ATGL system in use by the RCAF pre-dates the aircraft. Many of the individual line or shop-replaceable units (LRU/SRU) are obsolete or approaching obsolescence. Procurement of new ATGLs is considered more economical than continued repair and overhaul of the existing systems.
4.3 The ATGLs are used for long range air mobility transport of passengers aboard CC177 Globemaster III aircraft, including VIP passengers. New ATGLs are expected to provide the same or better functionality as the current ATGL system. For reference, the current ATGL is a self-contained galley/lavatory intended for installation in the forward end of the CC177 aircraft. It is mounted on a standard 88-inch x 108-inch aircraft pallet. It provides two meals and one snack to 160 people on a 15-hour flight. Its double toilet system shares a 60 US gallon waste tank and uses a pump connected to a hose for waste disposal. It carries 39 US gallons of potable water.
5. References
5.1 Where mentioned, the following Standards must be used for the preparation of deliverables to the extent specified in this SOW: Statement of Work, Air Transportable Galley and Lavatory (ATGL) Replacement Version 1.0, Dated 13 August 2023
5.11 DND Specifications, Standards, and Publications:
Reference: D-01-400-002/SF-000
Promulgation: 2011
Reference Title: Specification For Levels of Engineering Drawings And Associated Lists
5.2 Other Standards and Publications
5.2.1 Canadian Aviation Regulations (CAR), Chapter 525 - Transport Category Aeroplanes, https://tc.canada.ca/en/corporate-services/acts-regulations/list-regulations/canadian-aviation-regulations-sor-96-433/standards/airworthiness-chapter-525-transport-category-aeroplanes-canadian-aviation-regulations-cars
5.2.2 European Union Aviation Safety Agency (EASA) Certification Specifications 25 - Large Aeroplanes, https://www.easa.europa.eu/en/document-library/certification-specifications/cs-25-amendment-27
5.2.3 Federal Aviation Regulations (FAR) - Part 25 - Transport Category Airplanes, https://www.ecfr.gov/current/title-14/chapter-I/subchapter-C/part-25?toc=1
5.2.4 MIL-STD-461, Requirements for the Control of Electromagnetic Interference Characteristics of Subsystems and Equipment, https://quicksearch.dla.mil/qsdocdetails.aspx?ident_number=35789
5.2.5 Canadian Environmental Protection Act and associated regulations, https://pollution-waste.canada.ca/environmental-protection-registry/regulations#page
5.2.6 Canadian Hazardous Products Act and associated regulations, Health Canada - National WHMIS and CBI
5.2.7 Canadian Federal Halocarbon Regulations, https://laws-lois.justice.gc.ca/eng/regulations/SOR-2022-110/page-1.html
5.2.8 Ozone-depleting Substances and Halocarbon Alternatives Regulations, https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=129
5.2.9 Prohibition of Asbestos and Products Containing Asbestos Regulations, https://laws-lois.justice.gc.ca/eng/regulations/SOR-2018-196/index.html
5.2.10 Gender-based Analysis Plus (GBA Plus) - Women and Gender Equality Canada, https://women-gender-equality.canada.ca/en/gender-based-analysis-plus.html
5.2.11 Health Canada - Food Safety, https://www.canada.ca/en/health-canada/services/food-nutrition/food-safety/safe-food-handling-tips.html
6. Applicability of the Trade agreement(s) to the procurement
This procurement is subject to the following trade agreement(s):
Canadian Free Trade Agreement (CFTA)
Revised World Trade Organization - Agreement on Government Procurement (WTO-AGP)
Canada-United-States-Mexico Agreement (CUSMA)
Canada-European Union Comprehensive Economic and Trade Agreement (CETA)
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Canada-Chile Free Trade Agreement (CCFTA)
Canada-Colombia Free Trade Agreement
Canada-Honduras Free Trade Agreement
Canada-Korea Free Trade Agreement
Canada-Panama Free Trade Agreement
Canada-Peru Free Trade Agreement (CPFTA)
Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA)
Canada-Ukraine Free Trade Agreement (CUFTA)
7. Justification for the Pre-Identified Supplier
Knight Aerospace is the only known supplier of a palletized commercial off the shelf ATGL system suitable for use in the CC177 Globemaster III.
8. Government Contracting Regulations Exception
The following exception to the Government Contract Regulations is invoked for this procurement under subsection 6(d) - only one person is capable of performing the work.
9. Exclusions and/or Limited Tendering Reasons
The following exclusions and/or limited tendering reasons are invoked under the trade agreements:
Canadian Free Trade Agreement (CFTA), Article 513.1: Limited Tendering
(b) (iii) due to an absence of competition for technical reasons.
Canada-Chile Free Trade Agreement (CCFTA), Article Kbis-09: Tendering Procedures, para 1 : Limited Tendering b. where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists.
Canada-Colombia Free Trade Agreement (CCoFTA), Article 1409 Limited Tendering
b. iii. Due to an absence of competition for technical reasons.
Canada-Honduras Free Trade Agreement (CHFTA), Chapter 17, Article 17.11 Limited Tendering
(b) (iii) there is an absence of competition for technical reasons;
Canada-Korea Free Trade Agreement (CKFTA), which defers to WTO-AGP Article XIII, Limited Tendering b) iii. due to an absence of competition for technical reasons.
Canada-Panama Free Trade Agreement (CPFTA), Chapter 16, Article 16.10 Limited Tendering
b. iii. of the absence of competition for technical reasons.
Canada-Peru Free Trade Agreement (CPAFTA), Article 1409: Limited Tendering
(b) (iii) due to an absence of competition for technical reasons.
World Trade Organization Agreement on Government Procurement (WTO-AGP), Article XIII - Limited Tendering b. iii. due to an absence of competition for technical reasons;
Canada-European Union Comprehensive Economic and Trade Agreement (CETA), Article 19.12(b)(ii); (c)(i) cannot be made for economic or technical reasons...
Canada-United Kingdom Trade Continuity Agreement (Canada-UK TCA) - The provisions of CETA are incorporated by reference into and made part of this Agreement.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Article 15.10
(b) (iii) due to an absence of competition for technical reasons;
Canada-Ukraine Free Trade Agreement (CUFTA), Article10.13: Limited Tendering
(b) (iii) due to an absence of competition for technical reasons;
10. Period of the proposed contract or delivery date
Four (4), COTS and ready-to-use, ATGLs systems that conform to the specifications of this ACAN with an option for a fifth (5th) ATGL. The ATGLs must be delivered to 429 (Transport) Squadron in Trenton, Ontario, Canada unless an opportunity exists to have a CC177 pickup one or more ATGLs.
As the current ATGLs are already beyond their overhaul limits and being operated on a deviation from their approved maintenance program and that components are routinely being swapped between existing units due to obsolescence of the major sub-assemblies, all effort should be made to have all four (4) ATGLs delivered by 31 March 2024. If not possible, a minimum of three (3) must be delivered no later than 31 March 2024. All ATGLs must be delivered no later than 30 September 2024.
11. Cost Estimate of the proposed contract
$7,170,000.00 USD
12. Name and address of the pre-identified supplier
Knight Aerospace
3606 SW 36th Street, Suite 101
San Antonio, Texas USA
78226
13. Suppliers’ right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available to provide the goods and services described in the ACAN may submit a statement of capabilities in writing to the contact person identified in this notice on or before the closing date of this notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
14. Closing date for submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is 31 January, 2024 at 2:00 p.m.
15. Inquiries and submission of Statement of Capabilities
Inquiries and submission of statements of capabilities Inquiries and statements of capabilities are to be directed to the Contracting Authority:
Sean Thompson
Supply Specialist
Marine & Aerospace, Land and Aerospace Equipment Procurement and Support Sector
Public Services and Procurement Canada (PSPC)
Telephone: 343 548-1504
Email: Sean.Thompson@tpsgc-pwgsc.gc.ca
Delivery Date: Above-mentioned
You are hereby notified that the government intends to negotiate with one firm only as identified above. Should you have any questions concerning this requirement, contact the contracting officer identified above.
An Advance Contract Award Notice (ACAN) allows departments and agencies to post a notice, for no less than fifteen (15) calendar days, indicating to the supplier community that it intends to award a good, service or construction contract to a pre-identified contractor. If no other supplier submits, on or before the closing date, a Statement of Capabilities that meets the requirements set out in the ACAN, the contracting authority may then proceed with the award. However, should a Statement of Capabilities be found to meet the requirements set out in the ACAN, then the contracting authority will proceed to a full tendering process.
Suppliers who consider themselves fully qualified and available to provide the services/goods described herein, may submit a statement of capabilities in writing to the contact person identified in this Notice on or before the closing date of this Notice. The statement of capabilities must clearly demonstrate how the supplier meets the advertised requirements.
The PWGSC file number, the contracting officer's name and the closing date of the ACAN must appear on the outside of the envelope in block letters or, in the case of a facsimile transmission, on the covering page.
The Crown retains the right to negotiate with suppliers on any procurement.
Documents may be submitted in either official language of Canada.
