742 

14 CFR Ch. I (1–1–19 Edition) 

Pt. 152, App. D 

(c) The FAA may require pre-award review 

and approval of a sponsor’s proposed con-
tract under any of the following cir-
cumstances: 

(1) The sponsor’s procurement system has 

not yet been reviewed by the FAA for com-
pliance with OMB Circular A–102 and this ap-
pendix. 

(2) The sponsor has requested pre-award as-

sistance. 

(3) The proposal is for automatic data proc-

essing in accordance with paragraph C1 of 
Attachment B to Federal Management Cir-
cular 74–4 (39 FR 27133; 43 FR 50977). 

(4) The proposal is one of a series with the 

same firm. 

(5) The proposal is to be performed outside 

the recipient’s established procurement sys-
tem or office. 

(6) The proposal is for construction and is 

to be awarded through the negotiation pro-
curement method or without competition. 

14. 

Force account work. 

Before undertaking 

any force account construction work, the 
sponsor (or any public agency acting as 
agent for the sponsor) must obtain the writ-
ten consent of the Administrator through 
the appropriate FAA office. In requesting 
that consent, the sponsor must submit— 

(a) Adequate plans and specifications show-

ing the nature and extent of the construc-
tion work to be performed under that force 
account; 

(b) A schedule of the proposed construction 

and of the construction equipment that will 
be available for the project; 

(c) Assurance that adequate labor, mate-

rial, equipment, engineering personnel, as 
well as supervisory and inspection personnel 
as required by this appendix, will be pro-
vided; and 

(d) A detailed estimate of the cost of the 

work, broken down for each class of costs in-
volved, such as labor, materials, rental of 
equipment, and other pertinent items of 
cost. 

15. 

Each sponsor shall

— 

(a) Include the equal opportunity clause re-

quired by 41 CFR 60–1.4(b) in each nonexempt 
construction contract and subcontract; 

(b) Prior to the award of each nonexempt 

contract, require each prime contractor and 
subcontractor to submit the certification re-
quired by 41 CFR 60–1.8(b); 

(c) Include the Notice of Requirement for 

Affirmative Action to Ensure Equal Employ-
ment Opportunity (Executive Order 11246) re-
quired by 41 CFR 60–4.2 in all solicitations 
for offers and bids on each nonexempt con-
struction contract and subcontract; 

(d) Include the Standard Federal Equal 

Employment Opportunity Construction Con-
tract Specifications (Executive Order 11246) 
required by 41 CFR 60–4.3(a) in each non-
exempt construction contract and sub-
contract. 

16. 

Exceptions. 

(a) Paragraphs 1 through 5 

and paragraphs 9 through 13 of this section 
do not apply to contracts with the owners of 
airport hazards, buildings, pipelines, 
powerlines, or other structures or facilities, 
for installing, extending, changing, remov-
ing, or relocating any of those structures or 
facilities. However, the sponsor must obtain 
the approval of the appropriate FAA office 
before entering into such a contract. 

(b) Any oral or written agreement or un-

derstanding between a sponsor and another 
public agency that is not a sponsor of the 
project, under which that public agency un-
dertakes construction work for or as agent 
of the sponsor, is not considered to be a con-
struction contract for the purposes of this 
appendix. 

[Doc. No. 19430, 45 FR 34796, May 22, 1980] 

A

PPENDIX

D 

TO

P

ART

152—A

SSURANCES

 

There is set forth below the assurances 

that the sponsor or planning agency must 
submit with its application in accordance 
with §§ 152.111 or 152.113, as applicable. 

I. General Assurance 

Each applicant for an airport development 

grant or an airport planning grant shall sub-
mit the following assurance: 

The applicant hereby assures and certifies 

that it will comply with the regulations, 
policies, guidelines, and requirements, in-
cluding Office of Management and Budget 
Circulars No. A–95 (41 FR 2052), A–102 (42 FR 
45828), and FMC 74–4 (39 FR 27133; as amended 
by 43 FR 50977), as they relate to the applica-
tion, acceptance, and use of Federal funds for 
this federally-assisted project. 

II. Airport Development 

A. 

Assurances. 

Each applicant for an air-

port development grant shall submit the fol-
lowing assurances: 

1. 

Authority of applicant. 

It possesses legal 

authority to apply for the grant, and to fi-
nance and construct the proposed facilities; 
that a resolution, motion or similar action 
has been duly adopted or passed as an official 
act of the applicant’s governing body, au-
thorizing the filing of the application, in-
cluding all understandings and assurances 
contained therein, and directing and author-
izing the person identified as the official rep-
resentative of the applicant to act in connec-
tion with the application and to provide such 
additional information as may be required. 

2. 

E.O. 11296 and E.O. 11288. 

It will comply 

with the provisions of: Executive Order 11296, 
relating to evaluation of flood hazards, and 
Executive Order 11288, relating to the pre-
vention, control, and abatement of water 
pollution. 

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