688
14 CFR Ch. I (1–1–19 Edition)
§ 151.47
issuance of such a notice unless he is
satisfied that adequate replacement
housing is available and has been of-
fered to affected persons, as required
for project eligibility by § 151.39(a)(5).
(f) Except when the Area Manager de-
termines that the sponsor has pre-
viously demonstrated satisfactory en-
gineering and construction supervision
and inspection, no sponsor may allow a
contractor or subcontractor to begin
work, nor may the sponsor begin force
account work, until the sponsor has
notified the Area Manager in writing
that engineering and construction su-
pervision and inspection have been ar-
ranged to insure that construction will
conform to FAA approved plans and
specifications, and that the sponsor has
caused a review to be made of the
qualifications of personnel who will be
performing such supervision and in-
spection and is satisfied that they are
qualified to do so.
[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–31, 34 FR 4885, Mar. 6,
1969; Amdt. 151–39, 35 FR 5537, Apr. 3, 1970]
§ 151.47
Performance of construction
work: Letting of contracts.
(a)
Advertising required; exceptions.
Unless the Administrator approves an-
other method for use on a particular
airport development project, each con-
tract for construction work on a
project in the amount of more than
$2,000 must be awarded on the basis of
public advertising and open competi-
tive bidding under the local law appli-
cable to the letting of public contracts.
Any oral or written agreement or un-
derstanding between a sponsor and an-
other public agency that is not a spon-
sor of the project, under which that
public agency undertakes construction
work for or as agent of the sponsor, is
not considered to be a construction
contract for the purposes of this sec-
tion, or §§ 151.45, 151.49, and 151.51.
(b)
Advertisement; conditions and con-
tents.
There may be no advertisement
for bids on, or negotiation of, a con-
struction contract until the Adminis-
trator has approved the plans and spec-
ifications. The advertisement shall in-
form the bidders of the contract and re-
porting provisions required by § 151.54.
Unless the estimated contract price or
construction cost is $2,000 or less, there
may be no advertisement for bids or
negotiation until the Administrator
has given the sponsor a copy of a deci-
sion of the Secretary of Labor estab-
lishing the minimum wage rates for
skilled and unskilled labor under the
proposed contract. In each case, a copy
of the wage determination decision
must be set forth in the initial invita-
tion for bids or proposed contract or in-
corporated therein by reference to a
copy set forth in the advertised or ne-
gotiated specifications.
(c)
Procedure for the Secretary of La-
bor’s wage determinations.
At least 60
days before the intended date of adver-
tising or negotiating under paragraph
(b) of this section, the sponsor shall
send to the Area Manager, completed
Department of Labor Form DB–11, with
only the classifications needed in the
performance of the work checked. Gen-
eral entries (such as ‘‘entire schedule’’
or ‘‘all applicable classifications’’) may
not be used. Additional necessary clas-
sifications not on the form may be
typed in the blank spaces or on an at-
tached separate list. A classification
that can be fitted into classifications
on the form, or a classification that is
not generally recognized in the area or
in the industry, may not be used. Ex-
cept in areas where the wage patterns
are clearly established, the Form must
be accompanied by any available perti-
nent wage payment or locally pre-
vailing fringe benefit information.
(d)
Use and effectiveness of the Sec-
retary of Labor’s wage determinations.
(1)
Wage determinations are effective only
for 120 days from the date of the deter-
minations. If it appears that a deter-
mination may expire between bid open-
ing and award, the sponsor shall so ad-
vise the FAA as soon as possible. If he
wishes a new request for wage deter-
mination to be made and if any perti-
nent circumstances have changed, he
shall submit a new Form DB–11 and ac-
companying information. If he claims
that the determination expires before
award and after bid opening due to un-
avoidable circumstances, he shall sub-
mit proof of the facts which he claims
support a finding to that effect.
(2) The Secretary of Labor may mod-
ify any wage determination before the
award of the contract or contracts for
which it was sought. If the proposed
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