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. 

701 

Federal Aviation Administration, DOT 

§ 151.51 

(5) 

Withholding: Sponsor from con-

tractor. 

Whether or not payments or ad-

vances to the [insert sponsor’s name] 
are withheld or suspended by the FAA, 
the [insert sponsor’s name] may with-
hold or cause to be withheld from the 
contractor so much of the accrued pay-
ments or advances as may be consid-
ered necessary to pay laborers and me-
chanics employed by the contractor or 
any subcontractor on the work the full 
amount of wages required by this con-
tract. 

(6) 

Nonpayment of wages. 

If the con-

tractor or subcontractor fails to pay 
any laborer or mechanic employed or 
working on the site of the work any of 
the wages required by this contract the 
[insert sponsor’s name] may, after 
written notice to the contractor, take 
such action as may be necessary to 
cause the suspension of any further 
payment or advance of funds until the 
violations cease. 

(7) 

FAA inspection and review. 

The 

contractor shall allow any authorized 
representative of the FAA to inspect 
and review any work or materials used 
in the performance of this contract. 

(8) 

Subcontracts. 

The contractor shall 

insert in each of his subcontracts the 
provisions contained in paragraphs [in-
sert designations of 6 paragraphs of 
contract corresponding to paragraphs 
(1), (3), (4), (5), (6) and (7) of this para-
graph], and also a clause requiring the 
subcontractors to include these provi-
sions in any lower tier subcontracts 
which they may enter into, together 
with a clause requiring this insertion 
in any further subcontracts that may 
in turn be made. 

(9) 

Contract termination. 

A breach of 

paragraphs [insert designation of 3 
paragraphs corresponding to para-
graphs (6), (7) and (8) of this paragraph] 
may be grounds for termination of the 
contract. 

(b) 

Exemption of certain contracts. 

Ap-

pendix H to this part and paragraph 
(a)(5) of this section do not apply to 
prime contracts of $2,000 or less. 

(c) 

Adjustment in liquidated damages. 

A 

contractor or subcontractor who has 
become liable for liquidated damages 
under paragraph G of appendix H and 
who claims that the amount adminis-
tratively determined as liquidated 
damages under section 104(a) of the 

Contract Work Hours Standards Act is 
incorrect or that he violated inadvert-
ently the Contract Work Hours Stand-
ards Act notwithstanding the exercise 
of due care, may— 

(1) If the amount determined is more 

than $100, apply to the Administrator 
for a recommendation to the Secretary 
of Labor that an appropriate adjust-
ment be made or that he be relieved of 
liability for such liquidated damages; 
or 

(2) If the amount determined is $100 

or less, apply to the Administrator for 
an appropriate adjustment in liq-
uidated damages or for release from li-
ability for the liquidated damages. 

(d) 

Corrected wage determinations. 

The 

Secretary of Labor corrects any wage 
determination included in any contract 
under this section whenever the wage 
determination contains clerical errors. 
A correction may be made at the Ad-
ministrator’s request or on the initia-
tive of the Secretary of Labor. 

(e) 

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 the contract 
provisions in appendix H, and to this 
section. 

[Amdt. 151–6, 29 FR 18001, Dec. 18, 1964, as 
amended by Amdt. 151–7, 30 FR 7484, June 6, 
1965] 

§ 151.51 Performance of construction 

work: Sponsor force account. 

(a) Before undertaking any force ac-

count 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 Area Manager. In request-
ing that consent, the sponsor must sub-
mit— 

(1) Adequate plans and specifications 

showing the nature and extent of the 
construction work to be performed 
under that force account; 

(2) A schedule of the proposed con-

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