699 

Federal Aviation Administration, DOT 

§ 151.47 

issuance of such a notice unless he is 
satisfied that adequate replacement 
housing is available and has been of-
fered to affected persons, as required 
for project eligibility by § 151.39(a)(5). 

(f) Except when the Area Manager de-

termines that the sponsor has pre-
viously demonstrated satisfactory en-
gineering and construction supervision 
and inspection, no sponsor may allow a 
contractor or subcontractor to begin 
work, nor may the sponsor begin force 
account work, until the sponsor has 
notified the Area Manager in writing 
that engineering and construction su-
pervision and inspection have been ar-
ranged to insure that construction will 
conform to FAA approved plans and 
specifications, and that the sponsor has 
caused a review to be made of the 
qualifications of personnel who will be 
performing such supervision and in-
spection and is satisfied that they are 
qualified to do so. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–31, 34 FR 4885, Mar. 6, 
1969; Amdt. 151–39, 35 FR 5537, Apr. 3, 1970] 

§ 151.47 Performance of construction 

work: Letting of contracts. 

(a) 

Advertising required; exceptions. 

Unless the Administrator approves an-
other method for use on a particular 
airport development project, each con-
tract for construction work on a 
project in the amount of more than 
$2,000 must be awarded on the basis of 
public advertising and open competi-
tive bidding under the local law appli-
cable to the letting of public contracts. 
Any oral or written agreement or un-
derstanding between a sponsor and an-
other public agency that is not a spon-
sor 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 sec-
tion, or §§ 151.45, 151.49, and 151.51. 

(b) 

Advertisement; conditions and con-

tents. 

There may be no advertisement 

for bids on, or negotiation of, a con-
struction contract until the Adminis-
trator has approved the plans and spec-
ifications. The advertisement shall in-
form the bidders of the contract and re-
porting provisions required by § 151.54. 
Unless the estimated contract price or 
construction cost is $2,000 or less, there 

may be no advertisement for bids or 
negotiation until the Administrator 
has given the sponsor a copy of a deci-
sion of the Secretary of Labor estab-
lishing the minimum wage rates for 
skilled and unskilled labor under the 
proposed contract. In each case, a copy 
of the wage determination decision 
must be set forth in the initial invita-
tion for bids or proposed contract or in-
corporated therein by reference to a 
copy set forth in the advertised or ne-
gotiated specifications. 

(c) 

Procedure for the Secretary of La-

bor’s wage determinations. 

At least 60 

days before the intended date of adver-
tising or negotiating under paragraph 
(b) of this section, the sponsor shall 
send to the Area Manager, completed 
Department of Labor Form DB–11, with 
only the classifications needed in the 
performance of the work checked. Gen-
eral entries (such as ‘‘entire schedule’’ 
or ‘‘all applicable classifications’’) may 
not be used. Additional necessary clas-
sifications not on the form may be 
typed in the blank spaces or on an at-
tached 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. Ex-
cept in areas where the wage patterns 
are clearly established, the Form must 
be accompanied by any available perti-
nent wage payment or locally pre-
vailing fringe benefit information. 

(d) 

Use and effectiveness of the Sec-

retary of Labor’s wage determinations. 

(1) 

Wage determinations are effective only 
for 120 days from the date of the deter-
minations. If it appears that a deter-
mination may expire between bid open-
ing and award, the sponsor shall so ad-
vise the FAA as soon as possible. If he 
wishes a new request for wage deter-
mination to be made and if any perti-
nent circumstances have changed, he 
shall submit a new Form DB–11 and ac-
companying information. If he claims 
that the determination expires before 
award and after bid opening due to un-
avoidable circumstances, he shall sub-
mit proof of the facts which he claims 
support a finding to that effect. 

(2) The Secretary of Labor may mod-

ify any wage determination before the 
award of the contract or contracts for 
which it was sought. If the proposed 

700 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.49 

contract is awarded on the basis of 
public advertisement and open com-
petitive bidding, any modification that 
the FAA receives less than 10 days be-
fore the opening of bids is not effective, 
unless the Administrator finds that 
there is reasonable time to notify bid-
ders. A modification may not continue 
in effect beyond the effective period of 
the wage determination to which it re-
lates. The Administrator sends any 
modification to the sponsor as soon as 
possible. If the modification is effec-
tive, it must be incorporated in the in-
vitation for bids, by issuing an adden-
dum to the specifications or otherwise. 

(e) 

Requirements for awarding construc-

tion contracts. 

A sponsor may not award 

a construction contract without the 
written concurrence of the Adminis-
trator (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 adver-
tising and open competitive bidding, 
shall, after the bids are opened, send a 
tabulation of the bids and its rec-
ommendations for award to the Area 
Manager. The allowable project costs 
of the work, on which the Federal par-
ticipation is computed, may not be 
more than the bid of the lowest respon-
sible bidder. The sponsor may not ac-
cept a bid by a contractor whose name 
appears on the current list of ineligible 
contractors published by the Comp-
troller General of the United States 
under § 5.6(b) of Title 29 of the regula-
tions of the Secretary of Labor (29 CFR 
part 5), or a bid by any firm, corpora-
tion, partnership, or association in 
which that contractor has a substan-
tial 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] 

§ 151.49 Performance of construction 

work: Contract requirements. 

(a) 

Contract provisions. 

In addition to 

any other provisions necessary to en-
sure completion of the work in accord-
ance 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 Serv-
ice, may amend any provision in appen-
dix 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 in-

cluded in Federal-aid Airport Project 
No. 

__

, 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 Fed-
eral Airport Act (49 U.S.C. 1101) and 
part 151 of the Federal Aviation Regu-
lations (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 con-
tract 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 con-

tractor shall obtain the prior written 
consent of the [insert sponsor’s name] 
to any proposed assignment of any in-
terest in or part of this contract. 

(3) 

Convict labor. 

No convict labor 

may be employed under this contract. 

(4) 

Veterans’ preference. 

In the em-

ployment of labor (except in executive, 
administrative, and supervisory posi-
tions), 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.