-6. OWNERSHIP OF DRAWINGS AND CONTRACT DOCUMENTS

3-6. OWNERSHIP OF DRAWINGS AND CONTRACT DOCUMENTS.

1. 
   Original documents, such as tracings, plans, specifications, maps, basic survey notes and sketches, charts, computations, and other data prepared or obtained under the terms of the contract, are instruments of service and remain the property of the consultant unless otherwise agreed to by both parties. Reproducible copies of drawings and copies of other pertinent data should be made available to the sponsor upon request. Copies of disks containing all drawings should be furnished to the sponsor. Terms and conditions for sponsor’s reuse of documents/data on other projects should be addressed in the contract.
   
2. 
   When a contract is only for preliminary plans, no commitment that would constitute a limitation on the subsequent use of the preliminary plans or ideas incorporated therein should be stated or implied.
   

3-7. CONTRACT CHECKLIST. The following checklist identifies important items and provisions to be considered in preparing any contract for consultant services. It is not all-inclusive because each contract will vary based on the unique requirements of the project scope of services.

1. 
   Effective date of contract.
   

2. 
   Names and descriptions of the parties to the agreement with their addresses and, in the case of a corporate body, the legal description of the corporation.
   

3. 
   Nature, extent, and character of the project, the location thereof, and the time limitations.
   

4. 
   Services, including performance and delivery schedules, to be rendered by the consultant.
   

5. 
   Delineation of responsibilities of the consultant, the sponsor, and other consultants and parties involved in the performance of the project, particularly key personnel such as the project manager.
   

6. 
   Delineation of the duties and responsibilities of the resident engineer/inspector.
   

7. 
   Inclusion of mandatory contract provisions identified in paragraph 3-4.
   

8. 
   Provision for renegotiation of the contract on the basis of change in the scope of the project, changes in conditions, additional work, etc.
   

9. 
   Provision that reproducible copies of planning and design drawings and specifications be made available to the sponsor upon request.
   

10. 
    Compensation, including methods of payment and payment schedules, for services to be rendered by consultants.
    

11. 
    Provision for the termination of the consultant services before completion of work.
    

12. 
    Provision for preparation of a Quality Control Plan as required by the special provisions of the grant agreement.
    

13. 
    Provision for preparation of an Engineer's Design Report and Final Report.
    

3-8. FAA CONTRACT REVIEW.

1. 
   FAA Airports field office personnel are available to assist the sponsor and provide guidance on:
   
   1. 
      The scope of services to be provided;
      
   2. 
      The appropriate type of contract;
      
   3. 
      The mandatory contract provisions to be included; and
      
   4. 
      Sponsor certification requirements.
      
2. 
   If deemed necessary by the FAA, a draft of the contract will be submitted to ensure that:
   
   1. 
      The scope of the engineering is described completely;
      
   2. 
      The fees and reimbursements are reasonable and eligible as shown by a cost/price analysis;
      
   3. 
      The type of contract is appropriate; and
      
   4. 
      The engineering/consulting firm and the proposed contract terms are acceptable.
      
3. 
   Pre-award review of proposed contracts is required under certain circumstances. Additional guidance is available in Order 5100.38, Chapter 9.
   

3-9. FAA CONTRACT APPROVAL.

FAA Airports offices are authorized to accept certifications from sponsors that they will comply with statutory and administrative requirements. Use of sponsor certifications for selection of engineering, architectural, professional services, and planning consultants is encouraged. Acceptance by the FAA of the sponsor’s certification does not limit the FAA’s ability to request and review documentation to ensure the accuracy of the certification. Reference Order 5100.38, Chapter 10 and Appendix 5, Sponsor Certification Forms, “Selection of Consultants;” and 49 USC 47105 (d).