Record of Negotiations and Recommendation of Award

Under New Hampshire's Airport Block Grant Program, before signing contracts with consulting firms and construction contractors, airport sponsors need to send documentation to NHDOT/Bureau of Aeronautics that shows that they have reviewed these contracts and are requesting concurrence. The format of these requests are not critical, but the content is important. This is because the NHDOT/Bureau of Aeronautics needs to ensure that airport sponsors are complying with 49 CFR Part 18.36. The content to be included in these requests are, at a minimum:

Record of Negotiations (consulting contracts)

  • consulting firm has provided fees for work effort to carry out the approved scope of work that are fair and reasonable (see FAA AC 150/5100-14D Appendix H)
  • date of consultant selection
  • date of scoping meeting
  • comparison of consulting firm's fee with that of the independent fee estimate (if required)
  • reconciliation of assumptions or major differences in the consultant's fee
  • list the consulting firm's revised fee proposal (if needed)
  • copies of the final consultant's fee and independent estimate along with the final scope of work

Recommendation of Award (construction contracts)

  • contractor is identified as responsible and responsive
    (see FAA Order 5100.38C paragraphs 912 a and b)
  • a bid tabulation with columns for the engineer's estimate of construction costs
  • contractor possesses the ability to perform successfully under the terms and conditions of a proposed project (usually good to note Buy American Act compliance, labor compliance certificates, and Disadvantaged Business Enterprise compliance)
  • contractor references on integrity, compliance with public policy, record of past performance
  • contractor abilities to meet the proposed project's financial and technical resource requirements