702 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.53 

(3) Assurance that adequate labor, 

material, equipment, engineering per-
sonnel, as well as supervisory and in-
spection personnel as required by 
§ 151.45(f), will be provided; and 

(4) A detailed estimate of the cost of 

the work, broken down for each class of 
costs involved, such as labor, mate-
rials, rental of equipment, and other 
pertinent items of cost. 

(b) [Reserved] 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–17, 31 FR 16525, Dec. 
28, 1966; Amdt. 151–31, 34 FR 4885, Mar. 6, 1969] 

§ 151.53 Performance of construction 

work: Labor requirements. 

A sponsor who is required to include 

in a construction contract the labor 
provisions required by § 151.49 shall re-
quire the contractor to comply with 
those provisions and shall cooperate 
with the FAA in effecting that compli-
ance. For this purpose the sponsor 
shall— 

(a) Keep, and preserve, for a three- 

year period beginning on the date the 
contract is completed, each affidavit 
and payroll copy furnished by the con-
tractor, and make those affidavits and 
copies available to the FAA, upon re-
quest, during that period; 

(b) Have each of those affidavits and 

payrolls examined by its resident engi-
neer (or any other of its employees or 
agents who are qualified to make the 
necessary determinations), as soon as 
possible after receiving it, to the ex-
tent necessary to determine whether 
the contractor is complying with the 
labor provisions required by § 151.49 and 
particularly with respect to whether 
the contractor’s employees are cor-
rectly classified; 

(c) Have investigations made during 

the performance of work under the con-
tract, to the extent necessary to deter-
mine whether the contractor is com-
plying with those labor provisions, par-
ticularly with respect to whether the 
contractor’s employees are correctly 
classified, including in the investiga-
tions, interviews with employees and 
examinations of payroll information at 
the work site by the sponsor’s resident 
engineer (or any other of its employees 
or agents who are qualified to make 
the necessary determinations); and 

(d) Keep the Area Manager fully ad-

vised of all examinations and inves-
tigations made under this section, all 
determinations made on the basis of 
those examinations and investigations, 
and all efforts made to obtain compli-
ance with the labor provisions of the 
contract. 

For the purposes of paragraph (c) of 
this section, the sponsor shall give pri-
ority to complaints of alleged viola-
tions, and shall treat as confidential 
any written or oral statements made 
by any employee. The sponsor may not 
disclose an employee’s statement to a 
contractor without the employee’s con-
sent. 

§ 151.54 Equal employment oppor-

tunity requirements: Before July 1, 

1968. 

In conformity with Executive Order 

11246 of September 24, 1965 (30 FR 12319, 
3 CFR, 1965 Supp., p. 167) the regula-
tions of the former President’s Com-
mittee on Equal Employment Oppor-
tunity, 41 CFR part 60–1 (28 FR 9812, 
11305), as adopted ‘‘to the extent not in-
consistent with Executive Order 11246’’ 
by the Secretary of Labor (‘‘Transfer of 
Functions,’’ Oct. 19, 1965, 30 FR 13441), 
are incorporated by reference into sub-
parts B and C of this part as set forth 
below. They are referred to in this sec-
tion by section numbers of part 60–1 of 
title 41. 

(a) 

Equal employment opportunity re-

quirements. 

There are hereby incor-

porated by reference into subparts B 
and C, as requirements, the provisions 
of § 60–1.3(b)(1). The FAA is primarily 
responsible for the sponsor’s compli-
ance. 

(b) 

Equal employment opportunity re-

quirements in construction contracts. 

The 

sponsor shall cause the ‘‘equal oppor-
tunity clause’’ in § 60–1.3(b)(1) to be in-
corporated into all prime contracts and 
subcontracts as required by § 60–1.3(c). 

(c) 

Reporting requirements for contrac-

tors and subcontractors. 

The sponsor 

shall cause the filing of compliance re-
ports by contractors and subcontrac-
tors as provided in § 60–1.6(a) and the 
furnishing of such other information as 
may be required under that provision. 

(d) 

Bidders’ reports. 

(1) The sponsor 

shall include in his invitations for bids 
or negotiations for contracts, and shall 

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Federal Aviation Administration, DOT 

§ 151.55 

require his contractors to include in 
their invitations for bids or negotia-
tions for subcontracts, the following 
provisions based on § 60–1.6(b)(1): 

Each bidder, prospective contractor or pro-

posed subcontractor shall state as an initial 
part of the bid or negotiations of the con-
tract whether he has participated in any pre-
vious contract or subcontract subject to the 
equal opportunity clause and, if so, whether 
he has filed with the Office of Federal Con-
tract Compliance in the United States De-
partment of Labor or the contracting or ad-
ministering agency all compliance reports 
due under applicable instructions. In any 
case in which a bidder or prospective con-
tractor or proposed subcontractor who has 
participated in a previous contract or sub-
contract subject to the equal opportunity 
clause has not filed a compliance report due 
under applicable instructions, such bidder, 
prospective contractor or proposed sub-
contractors shall submit a compliance report 
prior to the award of the proposed contract 
or subcontract. When a determination has 
been made to award a contract to a specific 
contractor, such contractor shall, prior to 
award, furnish such other pertinent informa-
tion regarding his own employment policies 
and practices as well as those of his proposed 
subcontractors as the FAA, the sponsor, or 
the Director of the Office of Federal Con-
tract compliance may require. 

(2) The sponsor or his contractors 

shall give express notice of the require-
ments of this paragraph (d) in all invi-
tations for bids or negotiations for con-
tracts. 

(e) 

Enforcement. 

The FAA conducts 

compliance reviews, handles com-
plaints and, where appropriate, con-
ducts hearings and imposes, or rec-
ommends to the Office of Federal Con-
tract Compliance, sanctions, as pro-
vided in subpart B—General Enforce-
ment; Complaint Procedure of part 60– 
1. 

(f) 

Exempted contracts. 

Except for sub-

contracts for the performance of con-
struction work at the site of construc-
tion, the requirements of this section 
do not apply to subcontracts below the 
second tier (§ 60–1.3(c)). The require-
ments of this section do not apply to 
contracts and subcontracts exempted 
by § 60–1.4. 

(g) 

Meaning of terms. 

The term 

‘‘ap-

plicant’’ 

in the provisions of part 60–1 

incorporated by reference in this sec-
tion means the sponsor, except where 
part 60–1 refers to an applicant for em-

ployment, and the term ‘‘administering 
agency’’ therein means the FAA. 

(h) 

Applicability to existing agreements 

and contracts. 

This section applies to 

grant agreements made after December 
20, 1964, and before July 1, 1968. Except 
as provided in § 151.54A(b), it applies to 
contracts and subcontracts as defined 
in § 60–1.2 (i) and (k) of Title 41 made in 
accordance with a grant agreement to 
which this section applies. 

(E.O. 11246, 30 FR 13441, 31 FR 6921; sec. 307, 
72 Stat. 752, 49 U.S.C. 1348) 

[Amdt. 151–5, 29 FR 15569, Nov. 20, 1964, as 
amended by Amdt. 151–8, 30 FR 8040, June 23, 
1965; Amdt. 151–12, 31 FR 10261, July 29, 1966; 
Amdt. 151–23, 33 FR 9543, June 29, 1968] 

§ 151.54a Equal employment oppor-

tunity requirements: After June 30, 

1968. 

(a) 

Incorporation by reference. 

There 

are hereby incorporated by reference 
into this part the regulations issued by 
the Secretary of Labor on May 21, 1968, 
and published in the F

EDERAL

R

EG

-

ISTER

on May 28, 1968 (41 CFR part 60– 

1, 33 FR 7804), except for the following 
provisions: 

(1) Paragraph (a), ‘‘Government con-

tracts’’, of § 60–1.4, ‘‘Equal opportunity 
clause’’. 

(2) Section 60–1.6, ‘‘Duties of agen-

cies’’. 

(b) 

Applicability and effectiveness. 

The 

regulations incorporated by reference 
in paragraph (a) of this section apply 
to grant agreements made after June 
30, 1968. They also apply to contracts, 
as defined in § 60–1.3(f) of Title 41, en-
tered into under any grant agreement 
made before or after that date, as pro-
vided in § 60–1.47 of Title 41. 

(Sec. 307, 72 Stat. 752, 49 U.S.C. 1348) 

[Amdt. 151–23, 33 FR 9543, June 29, 1968] 

§ 151.55 Accounting and audit. 

(a) Each sponsor shall establish and 

maintain, for each individual project, 
an adequate accounting record to allow 
appropriate personnel of the FAA to 
determine all funds received (including 
funds of the sponsor and funds received 
from the United States or other 
sources), and to determine the allow-
ability of all incurred costs of the 
project. The sponsor shall segregate 
and group project costs so that it can