741 

Federal Aviation Administration, DOT 

Pt. 152, App. C 

open competitive bidding under the local law 
applicable to the letting of public contracts. 

10. 

Advertising: conditions and contents. 

There may be no advertisement for bids on, 
or negotiation of, a construction contract or 
supplemental agreement until the Adminis-
trator has either approved the plans and 
specifications or accepted a certification in 
accordance with § 152.7 that they meet all ap-
plicable standards prescribed by this part. 
The advertisement shall inform the bidders 
of the equal employment opportunity re-
quirements of part 152. Unless the estimated 
contract price or construction cost in $2,000 
or less, there may be no advertisement for 
bids or negotiations until the Administrator 
has given the sponsor a copy of a decision of 
the Secretary of Labor establishing the min-
imum wage rates for skilled and unskilled 
labor under the proposed contract. In each 
case, a copy of the wage determination deci-
sion, including fringe benefits, must be set 
forth in the initial invitation for bids or pro-
posed contract, or incorporated therein by 
reference to a copy set forth in the adver-
tised or negotiated specifications. 

11. 

Procedures for obtaining wage determina-

tions. 

(a) 

Specific request for wage determina-

tion. 

At least 60 days before the intended 

date of advertising or negotiating of this sec-
tion, the sponsor shall send to the appro-
priate FAA office, completed Department of 
Labor Form DB–11 or DB–11(a), as appro-
priate, with only the classifications needed 
in the performance of the work checked. 
General entries (such as ‘‘entire schedule’’ or 
‘‘all applicable classifications’’) may not be 
used. Additional necessary classifications 
not on the form may be typed in the blank 
spaces or on an attached separate list. A 
classification that can be fitted into classi-
fications on the form, or a classification that 
is not generally recognized in the area or in 
the industry, may not be used. Except in 
areas where the wage patterns are clearly es-
tablished, the Form must be accompanied by 
any available pertinent wage payment or lo-
cally prevailing fringe benefit information. 

(b) 

General wage determination. 

Whenever 

the wage patterns in a particular area for a 
particular type of construction are well set-
tled and whenever it may be reasonably an-
ticipated that there will be a large volume of 
procurement in that area for that type of 
construction, the Secretary of Labor, upon 
the request of a Federal agency or in his dis-
cretion, may issue a general wage deter-
mination when, after consideration of the 
facts and circumstances involved, he finds 
that the applicable statutory standards and 
those of part 1, 29 CFR, subtitle A, will be 
met. This general wage determination is 
used for all projects located in the area and 
for the type of construction covered by the 
general wage determination. 

12. 

Advertising: wage determinations. 

(a) 

Wage determinations are effective only for 

120 days from the date of the determinations. 
If it appears that a determination may ex-
pire between bid opening and award, the 
sponsor shall so advise the FAA as soon as 
possible. If it wishes a new request for wage 
determination to be made and if any perti-
nent circumstances have changed, it shall 
submit the appropriate form of the Depart-
ment of Labor and accompanying informa-
tion. If it claims that the determination ex-
pires before award and after bid opening due 
to unavoidable circumstances, it shall sub-
mit proof of the facts which it claims sup-
port a finding to that effect. 

(b) The Secretary of Labor may modify any 

wage determination before the award of the 
contract or contracts for which it was 
sought. If the proposed contract is awarded 
on the basis of public advertisement and 
open competitive bidding, any modification 
that the FAA receives less than 10 days be-
fore the opening of bids is not effective, un-
less the Administrator finds that there is 
reasonable time to notify bidders. A modi-
fication may not continue in effect beyond 
the effective period of the wage determina-
tion to which it relates. The Administrator 
sends any modification to the sponsor as 
soon as possible. If the modification is effec-
tive, it must be incorporated in the invita-
tion for bids, by issuing an addendum to the 
specifications or otherwise. 

13. 

Awarding contracts. 

(a) A sponsor may 

not award a construction contract without 
the written concurrence of the Adminis-
trator (through the appropriate FAA office) 
that the contract prices are reasonable. A 
sponsor that awards contracts on the basis of 
public advertising and open competitive bid-
ding, shall, after the bids are opened, send a 
tabulation of the bids and its recommenda-
tions for award to the appropriate FAA of-
fice. The sponsor may not accept a bid by a 
contractor whose name appears on the cur-
rent list of ineligible contractors published 
by the Comptroller General of the United 
States under § 5.6(b) of the regulations of the 
Secretary of Labor (29 CFR part 5), or a bid 
by any firm, corporation, partnership, or as-
sociation in which an ineligible contractor 
has a substantial interest. 

(b) A sponsor’s proposed contract must 

have pre-award review and approval by the 
FAA in any of the following circumstances: 

(1) The sponsor’s procurement system is 

not in compliance with one or more signifi-
cant aspects of Attachment O of OMB Cir-
cular A–102 or with the standards of this ap-
pendix. 

(2) The procurement is expected to exceed 

$10,000 and is to be awarded without competi-
tion or only one bid or offer is received in re-
sponse to solicitation. 

(3) The procurement is expected to exceed 

$10,000 and specifies a ‘‘brand name’’ product. 

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