Agenda Introduction Advisory Circular Changes Consultant Selection Procedures Contract Format and Provisions Methods of Contracting and Allowable Costs.

Agenda Introduction Advisory Circular Changes

Consultant Selection Procedures Contract Format and Provisions Methods of Contracting and

Allowable Costs Appendices

Summary of Significant Changes Questions / Comments

Introduction Purpose of AC – Guide sponsors in selection and

engagement of consultant Guidance in three areas:

Procedures for selection Contract format and provisions Methods of contracting and allowable costs

Update replaced version 14C as of September 30, 2005 Applies to AIP funded projects. Projects fully funded

with PFC’s not required to comply with AC. Guidelines comply with federal laws and regulations for

projects funded under federal grant programs

Consultant SelectionProcedures

Qualifications Based Selection Procedures (Section 2-3) Add’s QBS Process

Flow Chart (Figure 2-1)

Consultant Selection Procedures Selecting Organization (Section 2-5)

Added statement regarding sponsor requirement to maintain written Code of Conduct

Policy for Selection (Section 2-6) Discourages sponsors from combining eligible and

ineligible work in same solicitation Selection Criteria (Section 2-7)

Encourages sponsors to include selection criteria with RFQ States selection criteria must be appropriate for project and

may vary based upon sponsors goals and objectives Allows geographic location as criteria if it leaves an

appropriate number of qualified firms to compete Adds DBE as selection criteria

Consultant Selection Procedures Selection Process

(Section 2-8)

Adds consultant selection flowchart (Figure 2-2)

Discusses additional steps and efforts to show good faith efforts to involve small and minority firms

States selection board at its discretion may bypass interviews and rank firms based upon submittals

Consultant Selection Procedures Alternate Selection Procedures (Section 2-9)

Increases the monetary threshold for using informal procedures from $25,000 to $100,000

Authorizes and identifies non-competitive procedures for contracts of $10,000 or less

Fee Estimate (Section 2-12) Requires sponsors perform some form of fee

analysis for every contract. Method and degree of analysis dependent on facts of contract

Added paragraphs to help sponsors evaluate reasonableness of fee proposals. In general if within 10% fee proposal may be considered reasonable.

Contract Format And Provisions Division of Responsibility and Authority

(Section 3-3) Clarified and added language addressing the

consequences of expanding consultant liability beyond scope or purpose of contract

Mandatory Contract Provisions (Section 3-4) Updated mandatory

contract provisions. Added summary table.

Chart

Contract Format And Provisions Time Overruns Beyond Control of the Consultant

(Section 3-5) Added sentence stating that additional costs resulting from

contractor caused delays should be included in the liquidated damages established for the construction contract.

Ownership of Drawings and Contact Documents (Section 3-6)

Added sentence that contract should include terms and conditions for sponsor’s reuse of documents/data on other projects.

FAA Contract Approval (Section 3-9) Added language encouraging sponsors to utilize and FAA

offices to accept certifications for selection of consultants.

Methods of Contractingand Allowable Costs

General (Section 4-1)

Added Table 4-1 Methods of Contracting and Allowable Costs

Alternate Delivery Methods (Section 4-8)

Added guidance for 3 basic forms of alternative delivery methods:

• Construction Manager at Risk

• Task Order Contracting

• Design Build

Appendices Definitions (Appendix A)

Similar to definitions included in Section 1 of previous AC 14C

Bibliography (Appendix B) Added bibliography of Public Law, FAA Orders,

other AC’s, and Code of Federal Regulations referenced in the updated AC

Sources of Consultants (Appendix C) New appendix providing names, addresses,

telephone numbers of professional societies that are sources for identifying potential consultants

Appendices FAA and State Agency Addresses (Appendix D)

New appendix providing web address and/or addresses of FAA, State and U.S Territory aviation offices.

Scope of Services Samples (Appendix E) Added sample scope of services for ALP Update project

and Construction Services. Sample project design scope of services is also provided as it was in the previous AC.

Consultant Services Fee/Costs Sample (Appendix F) Updated format of sample

Detailed Fee/Cost Analysis Sample (Appendix G) Updated format of sample

Summary Of Significant Changes Add’s flowcharts for QBS and selection process

Provides guidance for evaluating fee proposals; acceptable if within 10%

Increases $ threshold for use of informal selection

Provides clarity and consequences of expanding consultant liability

Updates mandatory contract provisions

Provides guidance for alternate delivery methods

Provides additional sample scope of services

Questions / Comments

Thank you for your attention!