ARP Standard Operating Procedure 7.00, Airport Improvement Program Construction Project Change Orders, Effective October 1, 2015

FAA

Airports

ARP SOP

07.00

Effective Date:

10/01/2015

Standard Operating Procedure (SOP)

Airport Improvement Program Construction Project Change Orders

PURPOSE

The purpose of this SOP is to establish uniform procedures for the Federal Aviation

Administration (FAA) Office of Airports (ARP) that address reviewing and approving Change

Orders for airport construction projects.

SCOPE

The scope of this SOP applies to all Change Orders for airport construction projects funded in

whole or in part under the Airport Improvement Program (AIP). The scope is limited to the

review and approval of Change Orders associated with a project that is underway or with the

close-out process at the end of the project. This SOP does not address funding decisions

associated with Change Orders.

CANCELLATION

This is the first version of this SOP, so it does not cancel a previous version.

APPLICABLE REGULATIONS, POLICY, AND GUIDANCE

Requirements identified within this SOP originate in or are further described in various FAA

publications including Orders, regulations, and Advisory Circulars. See the current versions.

1. Title 2 Code of Federal Regulations 200.323

2. FAA Order 5100.38, Airport Improvement Program Handbook

3. Advisory Circular 150/5370-10, Standards for Specifying Construction of Airports

Title 2 Code of Federal Regulations 200.323 replaced Part 18.36 after December 26, 2014.

ARP SOP No. 7.00 Effective Date: October 1, 2015

AIP CONSTRUCTION PROJECT CHANGE ORDER REQUIREMENTS AND

OBJECTIVES

The AIP Handbook (FAA Order 5100.38) requires FAA Airports Personnel (FAA Airports

specialists or FAA Airports staff in Regional offices and Airport District Offices) to review

Change Orders associated with construction contracts.

The objective of this SOP is to provide a common understanding, frame of reference, and

minimum requirements for the processing of AIP Change Orders by FAA Airports staff.

LIMITATIONS OF THIS SOP

The following limitations apply to this SOP:

1. This SOP only addresses the actions necessary for the review and approval of change

orders on AIP-funded construction contracts.

2. This SOP is not applicable to the review and approval of construction Change Orders on

Passenger Facility Charge (PFC) funded construction projects.

3. This SOP is not applicable to the review and concurrence of Supplemental Agreements.

4. This SOP addresses procedures for complying with existing FAA policy. This SOP does

not establish or modify FAA policy.

5. This SOP will not focus on funding decisions associated with a Change Order.

IMPLEMENTATION

This SOP will be implemented in accordance with FAA Order 5100.38D, Airport Improvement

Program Handbook.

DISTRIBUTION

This SOP is distributed to the Federal Aviation Administration (FAA) Airports Organization

(ARP) and all interested parties. The SOP will be available electronically on the Airports section

of the FAA website.

CHANGE TABLE

Date of

Change

SOP

Version

Page

Changed

Reason for Change

Effective Date: October 1, 2015 ARP SOP No. 7.00

iii

Elliott Black ______9/21/2015__________

Director, Office of Airport Planning and Programming Date

Michael J. O’Donnell ______9/14/2015__________

Director, Office of Airport Safety and Standards Date

Byron K. Huffman

Manager, Alaskan Region Airports Division

Jim A. Johnson

Manager, Central Region Airports Division

Debbie Roth

Manager, Eastern Region Airports Division

Susan Mowery-Schalk

Manager, Great Lakes Region Airports

Division

Mary T. Walsh

Manager, New England Region Airports

Division

Carolyn Read

Manager (Acting), Northwest Mountain

Region Airports Division

Winsome A. Lenfert

Manager, Southern Region Airports

Division

Ignacio Flores

Manager, Southwest Region Airports

Division

Mark A. McClardy

Manager, Western-Pacific Region Airports

Division

ARP SOP No. 7.00 Effective Date: October 1, 2015

Table of Contents

1. Roles and Responsibilities ........................................................................................................ 1

1.1. Airport Sponsor ................................................................................................................1

1.2. FAA Airports Personnel ...................................................................................................1

2. Process and Procedures ............................................................................................................ 2

2.1. General Characteristics of Change Orders ....................................................................2

2.2. Standard Change Order Process .....................................................................................3

2.2.1. Step 1: Receive Change Order from Sponsor ........................................................... 4

2.2.2. Step 2: Screen Change Order for Adequacy of Information ..................................... 4

2.2.3. Step 3: Evaluate Change Order for Eligibility .......................................................... 4

2.2.4. Step 4: Initiate Correspondence for Action Taken ................................................... 6

2.2.5. Step 5: Archive Correspondence in Grant File ......................................................... 8

2.3. Emergency Change Order Process ..................................................................................8

2.3.1. Step 1: Initial Coordination ....................................................................................... 9

2.3.2. Step 2: Follow-On Coordination ............................................................................. 10

2.3.3. Step 3: Initial Approval Action ............................................................................... 10

2.3.4. Step 4: Revert to Standard Change Order Process .................................................. 10

Appendix A. Glossary ............................................................................................................... A-1

Appendix B. Change Order Contents ..................................................................................... B-1

Appendix C. Samples of Change Order Correspondence ..................................................... C-1

C.1. Sample: Change Order Approval Correspondence ................................................. C-1

C.2. Sample: Change Order Disapproval Correspondence ............................................ C-3

Appendix D. List of Steps ......................................................................................................... D-1

D.1. Standard Change Order Process ............................................................................... D-1

D.2. Emergency Change Order Process ............................................................................ D-1

Effective Date: October 1, 2015 ARP SOP No. 7.00

1. ROLES AND RESPONSIBILITIES

1.1. Airport Sponsor

As the recipient of an AIP grant, the airport sponsor must conform to the terms and conditions of

the grant agreement and the obligations established under the associated grant assurances. As

such, sponsors are the contractual authority that administers any proposed contract Change

Order. Sponsors are responsible for settling all contractual and administrative issues that arise

from their procurement actions. To remain eligible, such actions must conform to the approved

scope of work as defined in the Grant description and the accepted plans and specifications. As

they pertain to Change Orders, sponsor responsibilities include:

1. Maintaining records that detail the significant history of their procurement actions,

including Change Orders.

2. Documenting a clear and accurate description of the technical requirements for the

material, product, or service to be procured.

3. Preparing an independent estimate prior to receiving a Change Order proposal from the

contractor.

4. Performing some form of a cost or price analysis for all contract modifications.

5. Negotiating profit as a separate element of price for each Change Order in which a cost

analysis is necessary.

6. Making available to the FAA specialist all required documentation, which may include

additional supporting documentation as requested by the FAA specialist.

7. Providing justification for why the Change Order is necessary for completion of the AIP-

funded project.

1.2. FAA Airports Personnel

FAA Airports Personnel are responsible for reviewing the sponsor’s Change Order request and

determining if the Change Order is eligible and justified for potential funding under an AIP

grant. Their responsibilities include:

1. Reviewing all Change Orders to determine AIP eligibility.

2. Determining whether a portion of the Change Order cost or associated costs (i.e., design

or inspection costs) are due to errors and omissions.

3. Ascertaining whether additional costs are directly related to the approved scope of work

and are necessary to accomplish the project.

4. Verifying Change Order elements conform to AIP standards and requirements.

5. Preparing correspondence documenting the FAA specialist’s determination of AIP

eligibility.

6. Archiving the eligibility decision in the project file.

ARP SOP No. 7.00 Effective Date: October 1, 2015

2. PROCESS AND PROCEDURES

2.1. General Characteristics of Change Orders

Change Orders occur on AIP-funded projects for a variety of reasons. Some Change Order work

items may be eligible while other work items may not. Change Order work items that are

otherwise allowable under the AIP may become ineligible if the sponsor does not conform to

AIP requirements for establishing reasonableness of price. It is the FAA specialist’s

responsibility to evaluate each Change Order item for AIP eligibility based on—

 Allowability

 Justification

 Reasonableness of price

Table 2-1 addresses common Change Order types and useful information associated with each

type. A sponsor’s Change Order may include one or more of the Change Order types depending

on the specific Change Order situation.

Table 2-1. Types of Change Orders

Type

Allowability

Justification

Reasonableness

Other

Quantity

Adjustment

 Eligible if within

approved scope

of work.

 Non-participating

if outside of

approved scope

of work.

 Additional

quantities should

be limited to that

necessary to

complete work as

intended by

approved scope.

 Ensure omitted

work items do not

compromise the

approved scope

of work.

 Price

reasonableness is

established by

existing unit

prices.

 Changes to major

contract items:

unit price should

be subject to

renegotiation if a

major contract

item changed by

more than 25%.

 Sponsors may

wait, at risk, until

the end of the

project to process

Change Orders

and any

associated grant

amendment

request for

quantity

adjustments.

Extra Work/New

Bid Item

 Eligible if within

approved scope

of work.

 Non-participating

if outside of

approved scope

of work.

 Ineligible if not

permitted by AIP.

 Ineligible if

outside of

approved scope

of work, even if

increase is due to

favorable bids.

 Additional

quantities should

be limited to that

necessary to

complete work as

intended by

approved scope.

 The sponsor

needs to perform

some form of

price analysis or

cost analysis.

 The sponsor

needs to provide

assurance that it

conducted a price

or cost analysis.

 The sponsor

should establish a

firm fixed price

before starting

extra work.

 If uncertain about

the level of effort,

duration, and/or

material costs,

the sponsor

should not permit

the establishment

of a firm fixed

price for the extra

work. Instead, the

sponsor may use

a time and

material contract

method upon

approval by FAA.

ARP SOP No. 7.00 Effective Date: October 1, 2015

Type

Allowability

Justification

Reasonableness

Other

 Altering materials

or construction

methods, post-

bid, can result in

a modification to

AIP standards.

Unless explicitly

approved by the

FAA, modification

to AIP standards

are not allowed.

Emergency Change

Orders

 Eligible if within

approved scope

of work.

 Non-participating

if outside of

approved scope

of work.

 Ineligible if not

permitted under

AIP.

 Ineligible if due to

conditions

covered by

Builders Risk or

other insurance.

 Additional

quantities should

be limited to that

necessary to

complete work as

intended by

approved scope.

 Omitting work

items can alter

the project such

that it deviates

from the

approved scope

or work.

 Existing bid items:

price

reasonableness is

established by

contract unit

prices.

 New bid items:

reasonableness

may be

established by

price analysis if

cost data is

readily available.

 Time and Material

(T&M) method if

time critical; need

to establish

mutually

agreeable

burdened hourly

rates before

starting extra

work.

 To avoid project

delays,

emergency

Change Orders

are typically

handled by

provisional

approval by FAA;

the sponsor

should generally

follow-up with a

standard Change

Order document.

 The T&M

approach requires

the sponsor to

provide a high

level of oversight

that assures

contractor

performs in an

efficient manner

that minimized

costs.

Corrective Change

Orders

 Allowability

depends on the

circumstances of

the Change Order

and only those

costs directly

necessary to

accomplish the

project may be

approved.

 AIP cannot

participate in

costs associated

with re-work.

 Participation in

additional work

due to errors and

omission requires

an evaluation of

costs to

determine what

reasonably would

have been

incurred under

 The sponsor

should

demonstrate why

corrective action

or measure is

necessary.

 If the sponsor

proposes an

alternative

solution, the

alternative must

demonstrate an

equivalent

product to what is

in the accepted

plans and

specifications.

 Same as quantity

adjustment and

new work item

 Corrective

Change Orders

can result in

secondary project

cost increases

such as additional

design and

inspection fees.

 Such secondary

costs may or may

not be AIP

eligible.

Effective Date: October 1, 2015 ARP SOP No. 7.00

Type

Allowability

Justification

Reasonableness

Other

the project if the

error or omission

had not occurred.

Deductive Change

Order

 Omitting a work

item can

adversely affect

the allowability of

the project.

 The sponsor

should explain

why a work item

is being omitted.

 Omitting work

items can alter

the project such

that it deviates

from the

approved scope

of work.

 Omitting existing

bid item: price

reasonableness is

established by

current contract

price.

 Omitting partial

bid item: sponsor

needs to enter in

negotiation with

contractor to

establish a new

contract price.

 Deleting work

items can modify

the project scope

so it no longer

matches the grant

description.

No Cost Change

Orders

 Allowability will

depend on the

circumstances of

the Change

Order.

 Justification will

depend on the

circumstances of

the Change

Order.

 Not applicable

 A no cost Change

Order could

increase or

decrease

secondary project

costs such as

design or

inspection fees

for period of

performance.

Type

Allowability

Justification

Reasonableness

Other

2.2. Standard Change Order Process

The standard process for reviewing a Change Order assumes sufficient time is available for the

sponsor to properly define the scope of the Change Order work item and to negotiate a firm fixed

price that is fair and equitable. The process for administering an emergency Change Order differs

slightly from the standard Change Order process. Refer to Section 2.3 to learn more about

emergency Change Orders.

Figure 2-1. Standard Change Order Process

STEP 5 | ARCHIVE CORRESPONDENCE IN GRANT FILE

STEP 4 | INITIATE CORRESPONDENCE FOR ACTION TAKEN

STEP 3 | EVALUATE CHANGE ORDER ELIGIBILITY

STEP 2 | SCREEN CHANGE ORDER FOR ADEQUACY OF INFORMATION

STEP 1 | RECEIVE CHANGE ORDER FROM SPONSOR

ARP SOP No. 7.00 Effective Date: October 1, 2015

2.2.1. Step 1: Receive Change Order from Sponsor

Unless specifically requested by the FAA specialist, the sponsor does not have to obtain prior

FAA approval for contract changes. However, if a sponsor proceeds with a contract change

without prior FAA approval, it is at the sponsor’s risk. The FAA specialist’s review at a later

date determines which portion of Change Order costs are eligible for AIP participation. Sponsors

that submit proposed Change Orders to the FAA for review prior to execution can avoid

incurring costs for work items the FAA determines are ineligible.

Sponsors may not request reimbursement under the AIP for any Change Order work item unless

the FAA has approved AIP participation in the Change Order work item

2.2.2. Step 2: Screen Change Order for Adequacy of Information

This step represents an efficiency measure to limit the time spent reviewing a Change Order that

has inadequate documentation or that is clearly not eligible.

1. Verify if the Change Order addresses work associated with the approved scope of work.

If the extra work does not fall within the approved scope of work, the FAA specialist may

end the review with a non-approval determination.

2. Verify if the provided documentation is sufficient to allow the FAA specialist to evaluate

the Change Order for AIP eligibility. Refer to Appendix B for Change Order

documentation. Contact the sponsor if documentation is insufficient.

2.2.3. Step 3: Evaluate Change Order for Eligibility

2.2.3.1. Evaluate Change Order for Allowability

To verify the sponsor’s due diligence, the FAA specialist reviews the Change Order to determine

if the extra work is allowable or if deleting a contract work item causes project elements to

become non-allowable. To be allowable, the work item costs must be necessary to accomplish

the original scope of work, as per the grant agreement and accepted plans and specifications. The

evaluation of allowability involves the following checks:

1. Verify the extra work does not involve non-allowable work as established within FAA

Order 5100.38, AIP Handbook.

2. Verify the extra work conforms to applicable FAA Standards for design and construction

(e.g., AC 150/5370-10 and AC 150/5300-13, Airport Design).

3. Verify the Change Order does not adversely affect compliance with applicable AIP

procurement requirements such as Buy American Preferences and Disadvantage Business

Enterprise participation:

a. Buy American Preference. For new contract work items, evaluate the item for

conformance with AIP preference for 100-percent U.S.-made product. If the item is

less than 100-percent U.S. domestic product or if it is not already included on the

FAA-approved list of Buy American waivers, the sponsor must obtain appropriate

This does not apply to necessary contract quantity adjustments, which are permitted under Section 90 of Advisory

Circular 150/5370-10.

Effective Date: October 1, 2015 ARP SOP No. 7.00

information from the contractor to support a permissible waiver. If the Change Order

is deleting a work item, the FAA specialist must assess the effect the deletion may

have on any previously approved Buy American waiver.

Note: Under an FAA AIP Buy American Type III waiver, it is possible the new U.S.

domestic product content may drop below the previously approved percentage or

even below the 60-percent permissible threshold.

b. Disadvantaged Business Enterprise (DBE). Assess the effect the Change Order

may have on the previously accepted DBE participation percentage for the project. A

Change Order that removes work items proposed for a DBE firm will likely result in

an overall lower DBE participation percentage from that approved at the time of

contract award. The sponsor may need to encourage the contractor to identify other

opportunities for DBE participation that fulfill the original obligation.

c. Davis-Bacon. Assess whether or not the current wage rate schedule incorporated into

the contract addresses the labor classifications necessary for the Change Order work.

The current wage rate schedule may need to be incorporated into the Change Order.

2.2.3.2. Evaluate Change Order for Justification

The FAA specialist evaluates the Change Order work items to determine if the extra work or

deleted work items are justified. FAA Order 5100.38 addresses three basic tests to establish

justification:

1. Work Advances AIP Policy. The added work items must be consistent with AIP goals

that address agency objectives such as safety, security, environment, capacity, and

preserving airport infrastructure.

2. Actual Need. The sponsor must demonstrate to FAA satisfaction why it is necessary to

add or delete the work item(s) addressed in the Change Order in order to complete the

project as intended under the original approved scope of work. The FAA specialist

evaluates the Change Order to determine:

a. If the sponsor has established need for the Change Order.

b. If the Change Order addresses re-work due to errors or omissions.

c. If a request to increase contract time is supported by documentation that demonstrates

delays were due to circumstances outside of the contractor’s control.

3. Change Order Scope Is Appropriate. The extra work must be necessary to carry out

the project so a useable unit results at the conclusion of the project. The FAA specialist

evaluates the Change Order to determine:

a. If the additional work item exceeds FAA standards, resulting in unnecessary costs.

b. If the additional work items meet applicable AIP standards for design and

construction.

c. If deleting work items alters the original approved scope of work.

2.2.3.3. Check for Reasonableness of Costs

The FAA specialist makes the final determination of cost reasonableness as outlined in Chapter

3, Section 14, of FAA Order 5100.38, AIP Handbook. The FAA specialist makes this

ARP SOP No. 7.00 Effective Date: October 1, 2015

determination by issuing correspondence that conveys approval, partial approval, or disapproval.

In making this determination, the FAA specialists relies on a statement signed by the sponsor

that it has performed either a price or cost analysis and that it recommends the FAA accept the

price as fair and reasonable. The FAA specialist may ask the sponsor to submit additional

documentation (e.g., documentation that supports the price/cost analysis, bid abstracts from

recent projects, etc.) to support a determination of a fair and reasonable price.

2.2.4. Step 4: Initiate Correspondence for Action Taken

2.2.4.1. The FAA specialist prepares and submits correspondence that conveys to the sponsor a

determination of AIP eligibility. There are three potential Change Order actions and

correspondence:

1. Approved

2. Partially Approved

3. Disapproved

2.2.4.2. Because the sponsor has the option to submit changes as they occur or at the end of the

project, the FAA specialist can address each Change Order individually or collectively at the end

of the project, but also should not purposely refrain from making a determination of eligibility

until the end of the project.

2.2.4.3. The FAA specialist can use any of the following forms of correspondence:

 Hard copy letter

 Emailed copy of the action letter (approval, partial approval, disapproval)

 Email

2.2.4.4. In all cases, the correspondence must address the following minimum elements in Table

2-2 for the type of action being taken.

Table 2-2. Change Order Correspondence

Type

Approval

Action

Partial Approval

Action

Disapproval

Correspondence

1. Basic Information

 Sponsor Name

 Airport Name

 Grant Number

 Project Description

 Contract Identifier (if

applicable)

 Sponsor Name

 Airport Name

 Grant Number

 Project Description

 Contract Identifier (if

applicable)

 Sponsor Name

 Airport Name

 Grant Number

 Project Description

 Contract Identifier (if

applicable

2. Change Order Sequence

Number

 e.g., Change Order

No. 5

 e.g., Change Order

No. 5

 e.g., Change Order

No. 5

3. FAA [Action]

Determination

 [Approval] based on

sponsor’s submitted

documentation

 [Partial Approval]

based upon sponsor’s

submitted

documentation

 [Disapproval] action

that declares work item

ineligible

4. Listing of Change Order

 Approved Change

 Restrictions on

Effective Date: October 1, 2015 ARP SOP No. 7.00

Type

Approval

Action

Partial Approval

Action

Disapproval

Correspondence

Items

Order items

including non-

participating work:

 The incorporation of

non-participating

work items must not

directly or indirectly

result in additional

costs to the AIP-

eligible portion of

the project.

 Maintain separate

and accurate cost

accounting of the

non-participating

costs that will

permit a third-party

auditor to quickly

verify proper cost

allocation.

5. Change Order Cost

Explanations

 Amount of approved

Change Order costs

 Listing of non-

participating items

 Cost of non-

participating items

 Brief explanation of

why item is non-

participating

 Cumulative values of

approved and

disapproved Change

Order items

 Not applicable

6. Time Extension

 Amount of approved

contract time

extension

 Amount of approved

and disapproved

contract time extension

 Not applicable

7. Limitations of Approval

Action

 “This determination is

solely for the purpose

of establishing

eligibility of costs

under the AIP

program. This action

does not represent a

commitment of Federal

funds in addition to the

original grant

obligation.”

 “Our approval with the

increase in contract

time does not

represent FAA

concurrence with

additional contract

time for construction

phase services.”

 “This determination is

solely for the purpose

of establishing

eligibility of costs

under the AIP

program. This action

does not represent a

commitment of Federal

funds in addition to the

original grant

obligation.”

 “Our approval with the

increase in contract

time does not

represent FAA

concurrence with

additional contract time

for construction phase

services.”

 “The incorporation of

non-participating work

items must not directly

or indirectly result in

 Not applicable

ARP SOP No. 7.00 Effective Date: October 1, 2015

Type

Approval

Action

Partial Approval

Action

Disapproval

Correspondence

additional costs to the

AIP-eligible portion of

the project. Maintain

separate and accurate

cost accounting of the

non-participating costs

that will permit a third

party auditor to quickly

verify proper cost

allocation.”

8. Required Actions

 Forward one copy

(preferably emailed

pdf) of the executed

Change Order to my

attention as soon as it

is available.”

 Indicate details of this

Change Order on your

as-built drawings.”

 “Forward one copy

(preferably emailed

pdf) of the executed

Change Order to my

attention as soon as it

is available.”

 “Indicate details of this

Change Order on your

as-built drawings.”

 Not applicable

9. Clarification Comments

 Not applicable

 As applicable

 Not applicable

2.2.5. Step 5: Archive Correspondence in Grant File

The FAA specialist should archive the correspondence in the grant document file.

2.3. Emergency Change Order Process

An emergency Change Order addresses extra work that the sponsor and the FAA mutually agree

is time critical for mitigating an immediate safety or airport operational concern or addressing

differing site conditions that have the potential to adversely impact the project’s progress.

Emergency Change Orders can result in premium prices for Change Order work. The

application of the emergency Change Order process should be limited to situations where it is

absolutely necessary. Insufficient planning and convenience are not adequate reasons to use the

emergency Change Order process.

Administration of emergency Change Order work differs from the standard process in that it is

typically in the best interest of the FAA to immediately commence extra work rather than wait

until the standard process is finished. Initial coordination of emergency Change Orders is

typically via telephone or email. The complete description of the work may not be readily

available to allow a contractor to determine the necessary level of effort and risk that may apply.

A valid emergency Change Order is a situation where the time and material (T&M) payment

approach is justified under the AIP.

The steps for administering an emergency change will vary according to the extent and context

of the emergency. Generally, the Change Order process for valid emergencies begins with

required immediate actions but concludes with steps from the standard process flow.

Effective Date: October 1, 2015 ARP SOP No. 7.00

Figure 2-2. Emergency Change Order Process

STEP 4 | REVERT TO STANDARD CHANGE ORDER PROCESS

STEP 3 | INITIAL APPROVAL ACTION

STEP 2 | FOLLOW-ON COORDINATION

STEP 1 | INITIAL COORDINATION

2.3.1. Step 1: Initial Coordination

2.3.1.1. Initial coordination will generally be either verbal communication (i.e., telephone

conversation) or by email. If initial coordination is verbal, the FAA specialist should request the

caller to follow up the phone conversation with an email that documents the main discussion

points.

2.3.1.2. When initially discussing an emergency Change Order, the FAA specialist should

address the following issues:

1. What happened?

2. What are the immediate consequences?

a. Are airport operations adversely affected?

b. Are there immediate construction safety issues?

3. Is the Change Order allowable and justified?

Note: Characterizing the situation as an “emergency” does not make the work

automatically eligible.

a. Example 1: Immediate replacement or stabilizing of an isolated pocket of unsuitable

subgrade may be eligible.

b. Example 2: Mitigating subgrade due to discovery of hazardous contamination may

not be eligible.

4. What conversations has the sponsor had with the Contractor about corrective action?

5. How will Change Order costs be established?

a. For some emergency work items, cost data from current project (i.e., bid prices) and

recent AIP projects may be sufficient to establish reasonableness of costs under a

price analysis approach;

b. For most emergency work items, it may be impractical to determine the extent of

work or the level of required effort. In such cases, a time and material contract is

ARP SOP No. 7.00 Effective Date: October 1, 2015

appropriate provided the sponsor is made aware of the constraints associated with a

T&M approach.

2.3.2. Step 2: Follow-On Coordination

While the coordination may be verbal at first, the FAA specialist should emphasize use of email

to document discussions with the sponsor and the consultant. File copies of such email

discussions in the grant project file.

2.3.3. Step 3: Initial Approval Action

Once the sponsor provides sufficient information to provide direction to the contractor, the FAA

specialist may grant initial approval of the emergency Change Order. The type of initial approval

will depend on the specific circumstances of the emergency.

1. Conditional Approval. Send an email offering approval with additional work

conditioned on the following:

a. The sponsor can base the extra work item cost on existing contract unit prices.

b. The FAA will establish a not-to-exceed value with the sponsor.

c. The FAA will require the sponsor to submit a formal Change Order with final costs.

2. Provisional Approval. Send an email offering provisional approval:

a. When the extent and effort required of work items are not initially known;

b. Advising the sponsor that given the unknown circumstances of the emergency action,

anticipated costs will be determined eligible, provided they are allowable under AIP

and justified for the project.

3. Permit Use of Time and Material (T&M) Payment Approach. If using this type of

approval:

a. Require the sponsor to negotiate a value for profit to be used in the T&M; this may be

a firmed fixed value or may be incorporated into a burdened hourly rate for the

laborers.

b. Require the sponsor to establish a ceiling price that cannot be exceeded unless at the

contractor’s risk.

c. Require the sponsor to provide active oversight of the contractor’s performance to

establish the level of effort and efficiency. The sponsor must maintain detailed notes

documenting the contractor’s performance.

2.3.4. Step 4: Revert to Standard Change Order Process

2.3.4.1. Once the emergency work is fully defined and the level of effort necessary to carry out

the remaining emergency work is known, the sponsor should consider reverting to a firm fixed

price Change Order if it is practical to do so. If not, the agreements that are informally in place

may continue. However, the sponsor should proceed with establishing a standard Change Order

to cover this work.

2.3.4.2. Once the sponsor submits the standard Change Order, the FAA specialist should review

the Change Order similar to a standard process but starting at Standard Step 3 (paragraph

Effective Date: October 1, 2015 ARP SOP No. 7.00

2.2.3). Since the FAA specialist should already be well informed of the Change Order details, the

review of Standard Steps 3–5 (paragraphs 2.2.3–2.2.5) will likely be cursory. The intent of this

second review is to verify that the agreed-upon elements of the initial approval are still valid with

the formal Change Order.

2.3.4.3. The FAA specialist completes the emergency Change Order process by initiating an

approval/partial approval/disapproval letter per Standard Step 4 (paragraph 2.2.4) and archiving

the letter action and supporting documentation per Standard Step 5 (paragraph 2.2.5).

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APPENDIX A. GLOSSARY

1. Accepted Plans and Specifications: approval based on airport sponsor self-certification

as defined in FAA Order 5100.38.

2. Approved Scope of Work: synonymous with “Project” as defined in Section 10 of

AC 150/5370-10.

3. Bid Item: synonymous with “Contract Item” as defined in Section 10 of AC 150/5370-

10.

4. Burdened Rate: the allocation rate at which indirect costs are applied to the direct costs

of either labor or inventory.

5. Change Order: See Section 10 of AC 150/5370-10 for a definition of “Change Order” as

it applies to this SOP.

6. Contract Item (Pay Item): See Section 10 of AC 150/5370-10 for a definition as it

applies to this SOP.

7. Corrective Change Order: a Change Order issued to either correct work already

completed or to prevent a design deficiency from occurring. Corrective Change Orders

are typically a result of an error, omission, or design change. Corrective Change Orders

that are preventative may be eligible. Corrective Change Orders that cause re-work may

not be fully eligible.

8. Deductive Change Order: a Change Order issued to reduce the contract work by

deleting a contract work item (i.e., omitted work) or removing a contract requirement.

9. Emergency Change Order: a Change Order that requires urgent action to avoid a

significant delay to the project critical path or to mitigate an immediate airport safety or

operational deficiency.

10. Extra Work: See Section 10 of AC 150/5370-10 for a definition of “Extra Work” as it

applies to this SOP.

11. Omitted Item: work/contract/bid items that are being deleted from the original approved

project scope. See Section 40 of AC 150/5370-10. Synonymous with a deleted work item.

12. Project: See Section 10 of AC 150/5370-10 for a definition as it applies to this SOP.

13. Supplemental Agreement: See Section 10 of AC 150/5370-10 for a definition of

“Supplemental Agreement” as it applies to this SOP.

14. Time and Material: contract methods that allows acquiring material and services on the

basis of negotiated burdened labor hours (i.e., wages, overhead, general administrative

expenses, and profit) and materials at cost. The time and material method is appropriate

only if other contract methods are not suitable, and if at the time of the procurement

action, it is not possible to estimate accurately the extent or duration of the work or to

estimate costs with any reasonable degree of confidence.

15. Usable Unit of Work: See Table A1 of FAA Order 5100.38 for a definition of usable

unit of work as it applies to this SOP.

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APPENDIX B. CHANGE ORDER CONTENTS

The sponsor Change Order may address individual work items or they may include multiple

work items. When applicable, Change Orders under an AIP-funded construction project should

contain the following basic components and supporting documentation.

Note: FAA Order 5100.38 allows the FAA specialist to request additional documentation as

necessary to determine AIP eligibility.

1. General Change Order Information

2. Airport Name

3. AIP Grant Number

4. Project Description (i.e., Reconstruct Runway 02/20)

5. Contract Identifier: if the AIP grant includes more than one prime contract (i.e., Contract

Number, Contractor Name, or Work Scope Number)

6. Change Order Sequence Number

7. Description of Construction Change Order

8. Justification for the Construction Change Order. The Change Order—

a. Should clearly explain and document the circumstances that necessitated a Change

Order. Examples include unforeseen site conditions, work necessary to have a usable

unit at the close out of the grant, and omissions in the plans and specifications that

could not have been foreseen during the project design phase.

b. Must provide sufficient information to allow the FAA specialist to determine if the

Change Order work is the result of an error or omission on the part of the airport

consultant.

c. Must document that the change is needed and directly related to the work identified in

the grant description rather than an afterthought, do-over, “nice to have item,” or

maintenance after construction.

d. Must provide enough information to allow the FAA specialist to determine that the

changes are consistent with FAA standards or provide the disposition of any

modifications to standards.

e. Must address the reason for any proposed contract time extensions or modifications

(i.e., document the abnormal conditions or circumstances and how it affected the

original project schedule). This should include a discussion of liquidated damages.

9. Cost Reasonableness

a. The sponsor must perform either a price or cost analysis with every Change Order.

b. The sponsor must prepare an Independent Cost Estimate (ICE) prior to receipt of the

contractor’s proposal. Evidence of this must be by signature of preparer and date the

estimate was prepared.

c. The sponsor must provide the FAA a written statement that addresses the type of

analysis they used to establish a fair and equitable price for the extra work.

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d. The statement should typically include a recommendation to accept their analysis as

evidence of cost reasonableness.

e. The FAA specialist has the final determination on whether the costs are reasonable.

10. Consequences of Change Order Attachment

a. The sponsor’s attachment should address the consequences of the Change Order,

contract time, and related services.

b. The sponsor’s attachment must address itemized cost breakdown of the associated

costs and include the original contract value (FAA federal share) and cumulative

value of contract to-date (with all Change Orders).

c. The attachment must justify, in accordance with AC 150/5370-10, the original

schedule and any proposed changes to schedule (Change in Contract Time).

d. The attachment should indicate any effect on other costs such as engineering,

construction management, or inspection.

11. Conformance to AIP Standards and Regulations

a. The Change Order documentation should include a statement addressing

conformance to AIP standards and regulations. The following are some of the more

common FAA Standards and Regulations that might be affected:

i. FAA design and construction standards

ii. Procurement standards and requirements

iii. Buy American provisions

iv. Disadvantaged Business Enterprise

12. Supporting Documentation

13. Sketches/Diagrams/Drawings

14. Revised CSPP

15. Other Information as Requested by FAA Specialist

Effective Date: October 1, 2015 ARP SOP No. 7.00

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APPENDIX C. SAMPLES OF CHANGE ORDER CORRESPONDENCE

C.1. Sample: Change Order Approval Correspondence

[Date]

[Mr./Ms.]

XXX Airport Manager

555 Airport Parkway

Anywhere USA, US 99999

Airport: Anywhere Airport

AIP Grant No. X-XX-XXXX-XXX-XXXX

[Project Name]

Contract No. (if applicable)

Change Order No. X

I have reviewed the subject Change Order and associated costs and determined that [a portion of]

the additional contract items are eligible for AIP participation.

The following contract items are approved in the total amount of $00 and [no | a # day] increase

in contract time:

AIP will not participate in the following contract items. Refer to the attachment for an

explanation[*]:

The following limitations apply to this action:

 This determination is solely for the purpose of establishing eligibility of costs under the

AIP program. This approval does not represent a commitment of Federal funds in

addition to the original grant obligation.

 The incorporation of non-participating work items must not directly or indirectly result in

any additional cost to the AIP-eligible portion of the project. Please maintain a separate

and accurate cost accounting of the non-participating work that will permit a third party

auditor to quickly verify proper allocation of costs.

 [**]Our approval with the increase in contract time does not represent FAA concurrence

with additional time for construction phase services.

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Please forward a copy of the executed change to my attention as soon as it is available. Your

record drawings should indicate details addressed by this Change Order.

If you have questions, please call me at (555) 555-5555.

Sincerely,

[FAA Specialist’s Name]

Notes to the FAA Specialist:

*Provide explanation of ineligible or non-participating work in separate attachment.

**This item only applies to time extension requests.

ADO may elect to use their approval block with appropriate disclaimers if all items in the Change Order

are approved.

Effective Date: October 1, 2015 ARP SOP No. 7.00

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C.2. Sample: Change Order Disapproval Correspondence

[Date]

Mr. [Ms.]

XXX Airport Manager

555 Airport Parkway

Anywhere USA, US 99999

Airport: Anywhere Airport

AIP Grant No. X-XX-XXXX-XXX-XXXX

[Project Name]

Contract Identified (If applicable)

Change Order No. X

I have reviewed the subject Change Order and associated documentation and find the work to be

ineligible under the subject grant agreement for the following reasons:

 Extra work unnecessary to accomplish the project scope as originally approved.

 Extra work is the result of errors or omissions that could foreseeably been avoided.

 Extra work not allowable under the AIP.

 Cost of extra work is not reasonable.

Change Order No. X is disapproved.

Note the following if you proceed with this work:

 The incorporation of non-participating work items must not directly or indirectly result in

additional costs to the AIP-eligible portion of the project.

 Maintain separate and accurate cost accounting of the non-participating costs that will

permit a third party auditor to quickly verify proper cost allocation.

If you have questions, please call me at (555) 555-5555.

Sincerely,

[FAA Specialist’s Name]

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APPENDIX D. LIST OF STEPS

D.1. Standard Change Order Process

1. Step 1 – Receive Change Order from Sponsor

2. Step 2 – Screen Change Order for Adequacy of Information

3. Step 3 – Evaluate Change Order for Eligibility

a. Allowability

b. Justification

c. Reasonableness of costs

4. Step 4 – Initiate Correspondence for Action Taken (Approval/Partial

Approval/Disapproval)

5. Step 5 – Archive Correspondence in Grant File

D.2. Emergency Change Order Process

1. Step 1 – Initial Coordination

2. Step 2 – Follow-on Coordination

3. Step 3 – Initial Approval Action

4. Step 4 – Revert to Standard Change Order Process