General

Procurements made under the AIP must comply with all relevant procurement requirements of Title 2 CFR part 200. Sections 200.317- 200.326 provide policies and procedures a sponsor must apply to their procurement actions in order to remain eligible under the AIP.

In general, a sponsor must:

• Conduct their procurement transaction in a manner that assures fair and open competition.
• Incorporate a clear and accurate description of the requirements.
• Avoid incorporating features and functionality that unduly restrict competition.
• Limit use of brand name or equal to those situation where it is impractical to establish a clear and accurate description of the requirements.

FAA Standards for the Procurement of Equipment

Only specific equipment is eligible under the AIP. Title 49 U.S.C. § 47102(3) lists the specific pieces of equipment eligible under AIP.

Per 49 U.S.C. §47105(b)(3), AIP funds may only be applied if the equipment complies with standards the FAA prescribes or approves. The FAA has established standards for many types of airfield-related equipment. These include:

• Airport lighting equipment
• Aircraft rescue and firefighting equipment (ARFF)
• Fencing
• Friction measuring equipment
• Snow removal equipment
• Weather reporting equipment

To remain eligible under the AIP, a sponsor's acquisition of such equipment must conform to established FAA standards. Features and functionality that exceed the FAA standard are ineligible for AIP participation unless explicitly approved by the FAA.

Sponsors may request a modification to FAA established standards if they determine the FAA standard cannot meet unique circumstances at their airport. Such requests are subject to review and approval/disapproval action by the FAA per the requirements of FAA Order 5300.1, Modifications to Agency Airport Design, Construction, and Equipment Standards. Sponsors may avoid the risk of incurring ineligible costs by making modification of standards requests in advance of the procurement action. Sponsors that acquire nonstandard equipment without FAA approval incur a risk that the FAA will deem the equipment ineligible under AIP.

Actions that Jeopardize AIP Eligibility

Certain actions by the sponsor can jeopardize AIP eligibility. These include:

• Adding features or requirements that exceed those specified in the applicable FAA standards.
• Adding ineligible requirements to an equipment specification that can affect the outcome of the AIP procurement.
• Preparing restrictive specifications for the purpose of standardizing equipment or specifying preference.