Air Cushion Vehicle (ACV)

Trade Agreement: Canadian Free Trade Agreement (CFTA)
Tendering Procedures: All interested suppliers may submit a bid
Non-Competitive Procurement Strategy: Exclusive Rights
Comprehensive Land Claim Agreement: No
Vendor Name and Address: 
GRIFFON HOVERWORK LIMITED
Griffon Hoverwork Limited
8 HAZEL  Road
WOOLSTTON
United Kingdom
S0197GB
Nature of Requirements: 

1. Advance Contract Award Notice (ACAN)
An 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 Canadian Coast Guard (CCG) currently operates a fleet of four (4) Air Cushion Vehicles (ACVs), primarily supporting CCG’s Search and Rescue (SAR), icebreaking and marine navigation services mandate in the Central and Western Regions of Canada. Due to their aluminum build and icebreaking core duty in harsh environments, the ACVs have a relatively short in-service life expectancy and are ready to be replaced. 

The CCG has a requirement for naval architecture/engineering ("design") services to 

- update the current ACV design with fully modernized systems (e.g. lift and bow thruster system, electrical system, controls and communications); and

- conduct feasibility studies, focussing on the investigation of alternative power plant designs (i.e. hybrid internal combustion engine (ICE)/electric, and hydrogen on-board storage and fuel cell power plant technologies) aimed to reduce fuel consumption and carbon emissions of the CCG’s next generation of ACVs to address the Canadian fleet decarbonization policy. The results of these studies will be integrated into a final ACV design/construction package.

In order to conduct the required design work and feasibility studies, it is necessary to have complete access to the full design package of the ACV design, which is only possible through ownership of - or access to - the Intellectual Property (IP) of the chosen ACV design.

In 2022 and early 2023, Canada conducted a series of Requests for Information (RFIs) and one-on-one meetings with industry to investigate and identify alternative ACV designs capable of meeting CCG’s High Level Mandatory Requirements (ref. Annex A of this ACAN). Based on industry feedback obtained through its engagement activities, Canada believes that Griffon Hoverwork Ltd. ("GHL") is the only supplier with a mature and proven ACV design (i.e. the GHWAP1-88 series). GHL also retains exclusive ownership of, and rights to use, the IP for its GHWAP1-88 series of ACV platforms. It is therefore believed that GHL is the only known supplier capable of performing the design work and feasibility studies on the only known compatible ACV design.

This ACAN is published to ensure that:

- No other supplier has a mature and proven ACV design that meets CCG’s High Level Mandatory Requirements, and has the capability and capacity of performing the required design work and feasibility studies on its design; and

- No other supplier has access to the IP rights of the GHWAP1-88 series of ACVs, and has the capability and capacity of performing the required design work and feasibility studies on the GHWAP1-88.

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 it meets the following requirements 1 through 4 inclusively (1;2;3;4) or 5 through 7 inclusively (5;6;7):

1) The supplier must demonstrate that it has a mature and proven ACV design that meets CCG’s High Level Mandatory Requirements, as listed in Annex A of this ACAN. To be considered mature and proven, the supplier must demonstrate that its design is for a Commercial off-the-shelf (COTS) ACV platform, which is in operation with one or more external clients for at least the last 5 years;

2) The supplier must demonstrate that it owns the IP rights to its mature and proven ACV design, and has access to the full design package;

3) The supplier must have experience providing design services on a mature and proven ACV design that meets CCG’s High Level Mandatory Requirements, as listed in Annex A of this ACAN. To demonstrate this experience, the supplier must provide two (2) reference projects where it has provided ACV design services to an external client within the last 8 years; and

4) The supplier must have experience conducting feasibility studies on a mature and proven ACV design that meets CCG’s High Level Mandatory Requirements, as listed in Annex A of this ACAN, which included investigating alternative power plant designs. To demonstrate this experience, the supplier must provide two (2) reference projects where it has conducted ACV feasibility studies to an external client within the last 8 years.

OR

5) The supplier must demonstrate that it has access to the rights to use the IP for the GHWAP1-88 series of ACV platforms, as described in Section 2 of this ACAN;

6) The supplier must have experience providing design services on a mature and proven ACV design. To demonstrate this experience, the supplier must provide two (2) reference projects where it has provided ACV design services to an external client within the last 8 years; and

7) The supplier must have experience conducting feasibility studies on a mature and proven ACV design, which included investigating alternative power plant designs. To demonstrate this experience, the supplier must provide two (2) reference projects where it has conducted ACV feasibility studies to an external within the last 8 years.

4. Applicability of the trade agreements to the procurement
This procurement is subject only to the Canadian Free Trade Agreement (CFTA).

5. Justification for the Pre-Identified Supplier
The Pre-Identified Supplier, GHL, is the only known supplier that retains the exclusive ownership of, and rights to use, the intellectual property for the GHWAP1-88 series of ACV platforms, and is therefore the only known supplier capable of performing the design work and feasibility studies on the GHWAP1-88.

6. Government Contracts Regulations Exception
The following exception to the Government Contracts Regulations is invoked for this procurement under subsection subsection 6(d) - "only one person is capable of performing the work".

7. Limited Tendering Reasons
The following limited tendering reasons are invoked:

Canadian Free Trade Agreement (CFTA) - Article 513 Limited Tendering
"(b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: the protection of patents, copyrights, or other exclusive rights;"

8. Ownership of Intellectual Property
Ownership of any Foreground Intellectual Property arising out of the proposed contract will vest in the Contractor.

9. Name and address of the pre-identified supplier
Griffon Hoverwork Ltd.
8 Hazel Road
Woolston, Southampton
S019 7GA
United Kingdom

10. Suppliers' right to submit a statement of capabilities
Suppliers who consider themselves fully qualified and available to provide the goods, services or construction 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.

11. Closing date for a submission of a statement of capabilities
The closing date and time for accepting statements of capabilities is October 03, 2023 at 2:00 P.M. EDT.

12. Inquiries and submission of statements of capabilities  
Inquiries and statements of capabilities are to be directed to:

Name: Jonah Dubé
Title: Supply Team Leader
Public Services and Procurement Canada
E-mail address: Jonah.dube@tpsgc-pwgsc.gc.ca

ANNEX A

High level Mandatory Requirements

- Length (Overall): No more than 29 meters (m)*
- Beam: No more than 12 m*
- Air Draft (semi-submerged with mast down): No more than 5.4 m*
- Disposable load capacity: No less than 19,500 kilograms (kg)
- Endurance: Minimum 1 day (12 hours) without resupply at cruising speed
- Speed: Cruising speed no less than 35-45 knots
- Amphibious: Must be able to transit over different surfaces (i.e. earth, water and ice) without having to change configurations
- Clearance: Must be able to clear obstacles of 0.75 m above surfaces
- Main deck space: No less than 40 m2
- Removable crane: Minimum capacity 6,000 kg
- Maneuverability: Must be capable of turning within its own length
- Crewing complement (No berth): No less than 8 persons
- Gradient: No less than 6% slope
- Sea state: No less than 2.4 m waves
- Operational outside Temperature: No less than -30 to + 35 degrees Celsius
- Winds: No less than 35 knots (Gusts 45 knots)
- Class & Transport Canada (TP) Regulations: Home Trade II, TP 5579E

*Vehicle overall dimensions are limited by operational environment infrastructure and maintenance facilities.
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.