Pt. 152, App. D

14 CFR Ch. I (1-1-19 Edition)

(c) The FAA may require pre-award review
and approval of a sponsor-s proposed contract under any of the following circumstances:
(1) The sponsor-s procurement system has
not yet been reviewed by the FAA for compliance with OMB Circular A-102 and this appendix.
(2) The sponsor has requested pre-award assistance.
(3) The proposal is for automatic data processing in accordance with paragraph C1 of
Attachment B to Federal Management Circular 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 system or office.
(6) The proposal is for construction and is
to be awarded through the negotiation procurement 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 written consent of the Administrator through
the appropriate FAA office. In requesting
that consent, the sponsor must submit - 
(a) Adequate plans and specifications showing the nature and extent of the construction 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, material, equipment, engineering personnel, as
well as supervisory and inspection personnel
as required by this appendix, will be provided; and
(d) A detailed estimate of the cost of the
work, broken down for each class of costs involved, such as labor, materials, rental of
equipment, and other pertinent items of
cost.
15. Each sponsor shall - 
(a) Include the equal opportunity clause required 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 required by 41 CFR 60-1.8(b);
(c) Include the Notice of Requirement for
Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) required by 41 CFR 60-4.2 in all solicitations
for offers and bids on each nonexempt construction contract and subcontract;
(d) Include the Standard Federal Equal
Employment Opportunity Construction Contract Specifications (Executive Order 11246)
required by 41 CFR 60-4.3(a) in each nonexempt construction contract and subcontract.

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, removing, 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 understanding between a sponsor and another
public agency that is not a sponsor of the
project, under which that public agency undertakes construction work for or as agent
of the sponsor, is not considered to be a construction contract for the purposes of this
appendix.
[Doc. No. 19430, 45 FR 34796, May 22, 1980]

APPENDIX D TO PART 152 - ASSURANCES
There is set forth below the assurances
that the sponsor or planning agency must
submit with its application in accordance
with SectionSection 152.111 or 152.113, as applicable.
I. General Assurance
Each applicant for an airport development
grant or an airport planning grant shall submit the following assurance:
The applicant hereby assures and certifies
that it will comply with the regulations,
policies, guidelines, and requirements, including 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 application, acceptance, and use of Federal funds for
this federally-assisted project.
II. Airport Development
A. Assurances. Each applicant for an airport development grant shall submit the following assurances:
1. Authority of applicant. It possesses legal
authority to apply for the grant, and to finance 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, authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection 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 prevention, control, and abatement of water
pollution.

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