703 

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