689 

Federal Aviation Administration, DOT 

§ 151.49 

contract is awarded on the basis of 
public advertisement and open com-
petitive bidding, any modification that 
the FAA receives less than 10 days be-
fore the opening of bids is not effective, 
unless the Administrator finds that 
there is reasonable time to notify bid-
ders. A modification may not continue 
in effect beyond the effective period of 
the wage determination to which it re-
lates. The Administrator sends any 
modification to the sponsor as soon as 
possible. If the modification is effec-
tive, it must be incorporated in the in-
vitation for bids, by issuing an adden-
dum to the specifications or otherwise. 

(e) 

Requirements for awarding construc-

tion contracts. 

A sponsor may not award 

a construction contract without the 
written concurrence of the Adminis-
trator (through the Area Manager) 
that the contract prices are reasonable 
and that the contract conforms to the 
sponsor’s grant agreement with the 
United States. A sponsor that awards 
contracts on the basis of public adver-
tising and open competitive bidding, 
shall, after the bids are opened, send a 
tabulation of the bids and its rec-
ommendations for award to the Area 
Manager. The allowable project costs 
of the work, on which the Federal par-
ticipation is computed, may not be 
more than the bid of the lowest respon-
sible bidder. The sponsor may not ac-
cept a bid by a contractor whose name 
appears on the current list of ineligible 
contractors published by the Comp-
troller General of the United States 
under § 5.6(b) of Title 29 of the regula-
tions of the Secretary of Labor (29 CFR 
part 5), or a bid by any firm, corpora-
tion, partnership, or association in 
which that contractor has a substan-
tial interest. 

(f) 

Secretary of Labor’s interpretations 

apply. 

Where applicable by their terms, 

the regulations of the Secretary of 
Labor (29 CFR 5.20–5.32) interpreting 
the fringe benefit provisions of the 
Davis-Bacon Act apply to this section. 

[Amdt. 151–6, 29 FR 18001, Dec. 18, 1964] 

§ 151.49

Performance of construction 

work: Contract requirements. 

(a) 

Contract provisions. 

In addition to 

any other provisions necessary to en-
sure completion of the work in accord-
ance with the grant agreement, each 

sponsor entering into a construction 
contract for an airport development 
project shall insert in the contract the 
provisions required by the Secretary of 
Labor, as set forth in appendix H of 
this part. The Director, Airports Serv-
ice, may amend any provision in appen-
dix H from time to time to accord with 
rule-making action of the Secretary of 
Labor. The provisions in the following 
paragraphs also must be inserted in the 
contract: 

(1) 

Federal Aid to Airport Program 

Project. 

The work in this contract is in-

cluded in Federal-aid Airport Project 
No. 

l

, which is being undertaken and 

accomplished by the [insert sponsor’s 
name] in accordance with the terms 
and conditions of a grant agreement 
between the [insert sponsor’s name] 
and the United States, under the Fed-
eral Airport Act (49 U.S.C. 1101) and 
part 151 of the Federal Aviation Regu-
lations (14 CFR part 151), pursuant to 
which the United States has agreed to 
pay a certain percentage of the costs of 
the project that are determined to be 
allowable project costs under that Act. 
The United States is not a party to this 
contract and no reference in this con-
tract to the FAA or any representative 
thereof, or to any rights granted to the 
FAA or any representative thereof, or 
the United States, by the contract, 
makes the United States a party to 
this contract. 

(2) 

Consent to assignment. 

The con-

tractor shall obtain the prior written 
consent of the [insert sponsor’s name] 
to any proposed assignment of any in-
terest in or part of this contract. 

(3) 

Convict labor. 

No convict labor 

may be employed under this contract. 

(4) 

Veterans’ preference. 

In the em-

ployment of labor (except in executive, 
administrative, and supervisory posi-
tions), preference shall be given to 
qualified individuals who have served 
in the military service of the United 
States (as defined in section 101(1) of 
the Soldiers’ and Sailors’ Civil Relief 
Act of 1940) and have been honorably 
discharged from that service, except 
that preference may be given only 
where that labor is available locally 
and is qualified to perform the work to 
which the employment relates. 

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