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 Administrator has either approved the plans and
specifications or accepted a certification in
accordance with Section 152.7 that they meet all applicable standards prescribed by this part.
The advertisement shall inform the bidders
of the equal employment opportunity requirements 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 minimum wage rates for skilled and unskilled
labor under the proposed contract. In each
case, a copy of the wage determination decision, including fringe benefits, must be set
forth in the initial invitation for bids or proposed contract, or incorporated therein by
reference to a copy set forth in the advertised or negotiated specifications.
11. Procedures for obtaining wage determinations. (a) Specific request for wage determination. At least 60 days before the intended
date of advertising or negotiating of this section, the sponsor shall send to the appropriate FAA office, completed Department of
Labor Form DB-11 or DB-11(a), as appropriate, 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 classifications 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 established, the Form must be accompanied by
any available pertinent wage payment or locally prevailing fringe benefit information.
(b) General wage determination. Whenever
the wage patterns in a particular area for a
particular type of construction are well settled and whenever it may be reasonably anticipated 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 discretion, may issue a general wage determination 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 expire 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 pertinent circumstances have changed, it shall
submit the appropriate form of the Department of Labor and accompanying information. If it claims that the determination expires before award and after bid opening due
to unavoidable circumstances, it shall submit proof of the facts which it claims support 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 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.
13. Awarding contracts. (a) A sponsor may
not award a construction contract without
the written concurrence of the Administrator (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 bidding, shall, after the bids are opened, send a
tabulation of the bids and its recommendations for award to the appropriate FAA office. 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 the regulations of the
Secretary of Labor (29 CFR part 5), or a bid
by any firm, corporation, partnership, or association 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 significant aspects of Attachment O of OMB Circular A-102 or with the standards of this appendix.
(2) The procurement is expected to exceed
$10,000 and is to be awarded without competition or only one bid or offer is received in response to solicitation.
(3) The procurement is expected to exceed
$10,000 and specifies a  - brand name -  product.

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