FAA Northwest Mountain Region Airports Conference April 8

FAA Northwest Mountain Region Airports Conference, April 8, 2003 Seattle, Washington REIMBURSABLE AGREEMENTS

Dave Stelling, Manager Helena Airports District Office (ADO) Helena ADO (406) 449 -5271 Denver ADO (303) 242 -1252 Seattle ADO (425) 227 -2659 http: //www. faa. gov/arp/anm

Reimbursable Agreements l l l Need for Reimbursable Agreements Eligibility of work under a Reimbursable Agreement Airports Capital Improvement Plan (ACIP) Process Project Scope and Request for Reimbursable Agreement FAA Take Over

Reimbursable Agreements l A Reimbursable Agreement is a contract between an Airport Owner (Sponsor) and the FAA that allows the FAA or Sponsor to provide work for a portion of a project and be paid or reimbursed for that work.

Need for Reimbursable Agreements l l l FAA AC 150/5300 -7 B “FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes”, November 8, 1972. Typical facilities subject to Reimbursables include: ILS, RTR, ASR, ALSF, MALSR, ASDE, VASI, PAPI, VOR, ASOS, ATCT, etc. FAA has exclusive right to determine how all facets of the relocation will be accomplished. Includes, but is not limited to engineering, site selection, procurement of equipment, construction, installation, testing, flight inspection, and re-commissioning.

Need for Reimbursable Agreements l l Airport owner (Sponsor) and FAA shall negotiate a Reimbursable Agreement setting forth all essential elements pertinent to the relocation, replacement or modification of an FAA facility. FAA may choose to perform the design and construction or design and construction contracting at the Sponsor’s cost. The Reimbursable usually includes electronics installation as an FAA role. The process should before start of design engineering and typically takes 3 to 6 months to develop, coordinate, and sign a Reimbursable Agreement.

Eligibility l Reimbursable Agreements between the FAA and Airport Sponsors are provided for under 49 USC 106(l) and 49 USC 44502(a).

Eligibility l 49 USC 106(l). (6) Contracts. - The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.

Eligibility l 49 USC 44502(a). (2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under section 48101(a) of this title. The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in section 47102 of this title) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts.

Eligibility l l l Projects should be accomplished by the F&E program or AIP rather than through joint funding. Any project included in an approved F&E program budget is ineligible for an AIP grant. AIP funds can not be use to augment F&E programs without specific statutory legislation. The FAA will check the budget to assure there is no duplication.

Eligibility l l If the FAA elects to install a new NAVAID in lieu of relocating an existing one, the Sponsor's responsibility and, consequently, AIP participation is limited to the estimated relocation cost. Demolition and removal costs of buildings owned by FAA are eligible if caused under AIP. Costs for any upgrade in equipment or replacement with current technology are not eligible. Equipment installation and inspection of AIP installed NAVAIDs may be in Reimbursable Agreements.

ACIP Process l l The ACIP is the Airports Capital Improvement Plan. Three ADO’s and the Region met last January to discuss ACIP for 2004 -2008, particularly with respect to discretionary funding. In late summer, ADOs will be asking for updated 5 year CIP’s (2005 -2009). NPIAS (National Plan of Integrated Airport Systems) /ACIP will be updated during fall 2003.

ACIP Process l l l In January 2004, we will evaluate the ACIP for 20052009 projects. First two to three years of ACIP are firm, with some flexibility in years four and five. The ACIP is valuable in identifying locations where there is a potential for Reimbursable Agreements.

Project Scope and Request for Reimbursable Agreement l l ADO should facilitate activities between Sponsor and AF/ANI. With ADO assistance, the Sponsor should establish a principal AF/ANI contact. Sponsor should formally request a Reimbursable Agreement in writing. Provide AF/ANI with specific information on the project (scope, schedule, sketch) at the time the Reimbursable is requested. This will result in a more accurate cost estimate and project understanding.

Project Scope and Request for Reimbursable Agreement 1. 2. 3. 4. Conduct a pre-design meeting: Sponsor, consultant, FAA, users, etc. to explain proposed improvements. Consultants should be informed as soon as possible of ANI criteria and standards. Also provide copies of as-built drawings to AF/ANI. Airport Layout Plan should show project, however, it may not describe improvements in sufficient detail to make a determination on facility impact.

Project Scope and Request for Reimbursable Agreement l l Develop an agreed-upon scope and schedule to establish responsibilities and accountability. Carefully review Reimbursable Agreement Ø Does the work scope adequately describe the project? Ø Are the specific requirements of ANI and Sponsor adequately defined? Ø Are the costs reasonable and broken-out for review? Ø Has a schedule of work and commissioning date been defined? Ø Has a timeframe for submittal of final project closeout documents been included?

FAA Take Over l l l Under 49 USC 44502(e), airports have the option of having the FAA take over maintenance for an instrument landing system (ILS) acquired with AIP funding and associated approach lighting as well as RVR equipment that conforms to F&E performance specifications. REILS, PAPIS, and partial ILS are not qualified for takeover under 49 USC 44502(e). Airports do not have the takeover option under PFC projects, although such an ILS may be taken over after coordination with the regional AF division.

FAA Take Over l 49 USC 44502(e) Transfers of Instrument Landing Systems – Ø An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration an instrument landing system (and associated approach lighting equipment and runway visual range equipment) that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system. The Administrator shall accept the system and operate and maintain it under criteria of the Administrator.