Federal Aviation Administration, DOT

Section 151.49

contract is awarded on the basis of
public advertisement and open competitive bidding, any modification that
the FAA receives less than 10 days before the opening of bids is not effective,
unless the Administrator finds that
there is reasonable time to notify bidders. A modification may not continue
in effect beyond the effective period of
the wage determination to which it relates. The Administrator sends any
modification to the sponsor as soon as
possible. If the modification is effective, it must be incorporated in the invitation for bids, by issuing an addendum to the specifications or otherwise.
(e) Requirements for awarding construction contracts. A sponsor may not award
a construction contract without the
written concurrence of the Administrator (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 advertising and open competitive bidding,
shall, after the bids are opened, send a
tabulation of the bids and its recommendations for award to the Area
Manager. The allowable project costs
of the work, on which the Federal participation is computed, may not be
more than the bid of the lowest responsible bidder. The sponsor may not accept a bid by a contractor whose name
appears on the current list of ineligible
contractors published by the Comptroller General of the United States
under Section 5.6(b) of Title 29 of the regulations of the Secretary of Labor (29 CFR
part 5), or a bid by any firm, corporation, partnership, or association in
which that contractor has a substantial 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]

Section 151.49 Performance of construction
work: Contract requirements.
(a) Contract provisions. In addition to
any other provisions necessary to ensure completion of the work in accordance 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 Service, may amend any provision in appendix 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 included 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 Federal Airport Act (49 U.S.C. 1101) and
part 151 of the Federal Aviation Regulations (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 contract 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 contractor shall obtain the prior written
consent of the [insert sponsor-s name]
to any proposed assignment of any interest in or part of this contract.
(3) Convict labor. No convict labor
may be employed under this contract.
(4) Veterans- preference. In the employment of labor (except in executive,
administrative, and supervisory positions), 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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