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 

704 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.57 

furnish, on due notice, cost informa-
tion in the following cost classifica-
tions: 

(1) Purchase price or value of land. 
(2) Incidental costs of land acquisi-

tion. 

(3) Costs of contract construction. 
(4) Costs of force account construc-

tion. 

(5) Engineering costs of plans and de-

signs. 

(6) Engineering costs of supervision 

and inspection. 

(7) Other administrative costs. 
(b) The sponsor shall obtain and re-

tain in its files for a period of three 
years after the date of the final grant 
payment, documentary evidence such 
as invoices, cost estimates, and pay-
rolls supporting each item of project 
costs. 

(c) The sponsor shall retain, for a pe-

riod of three years after the date of the 
final grant payment, evidence of all 
payments for items of project costs in-
cluding vouchers, cancelled checks or 
warrants, and receipts for cash pay-
ments. 

(d) The sponsor shall allow the Ad-

ministrator and the Comptroller Gen-
eral of the United States, or an author-
ized representative of either of them, 
access to any of its books, documents, 
papers, and records that are pertinent 
to grants received under the Federal- 
aid Airport Program for the purposes 
of accounting and audit. Appropriate 
FAA personnel may make progress au-
dits at any time during the project, 
upon notice to the sponsor. If work is 
suspended on the project for an appre-
ciable period of time, an audit will be 
made before any semi-final payment is 
made. In each case an audit is made be-
fore the final payment. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–8, 30 FR 8040, June 23, 
1965] 

§ 151.57 Grant payments: General. 

(a) An application for a grant pay-

ment is made on FAA Form 5100–6, ac-
companied by— 

(1) A summary of project costs on 

Form FAA–1630; 

(2) A periodic cost estimate on Form 

FAA–1629 for each contract rep-
resenting costs for which payment is 
requested; and 

(3) Any supporting information, in-

cluding appraisals of property inter-
ests, that the FAA needs to determine 
the allowability of any costs for which 
payment is requested. 

(b) Contractor’s certifications. Each 

application that involves work per-
formed by a contractor must contain, 
in the contractor’s certification in the 
periodic cost estimate, a statement 
that ‘‘there has been full compliance 
with all labor provisions included in 
the contract identified above and in all 
subcontracts made under that con-
tract’’, and, in the case of a substantial 
dispute as to the nature of the contrac-
tor’s or a subcontractor’s obligation 
under the labor provisions of the con-
tract or a subcontract, and additional 
phrase ‘‘except insofar as a substantial 
dispute exists with respect to these 
provisions’’. 

(c) If a contractor or subcontractor 

fails or refuses to comply with the 
labor provisions of the contract with 
the sponsor, further grant payments to 
the sponsor are suspended until the 
violations stop, until the Adminis-
trator determines the allowability of 
the project costs to which the viola-
tions related, or, to the extent that the 
violations consist of underpayments to 
labor, until the sponsor furnishes satis-
factory assurances to the FAA that 
restitution has been or will be made to 
the affected employees. 

(d) If, upon final determination of the 

allowability of all project costs of a 
project, it is found that the total of 
grant payments to the sponsor was 
more than the total United States 
share of the allowable costs of the 
project, the sponsor shall promptly re-
turn the excess to the FAA. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–4, 29 FR 11336, Aug. 6, 
1964; Amdt. 151–8, 30 FR 8040, June 23, 1965; 
Amdt. 151–17, 31 FR 16525, Dec. 28, 1966; Amdt. 
151–32, 34 FR 9617, June 19, 1969] 

§ 151.59 Grant payments: Land acquisi-

tion. 

If an approved project includes land 

acquisition as an item of airport devel-
opment, the sponsor may, at any time 
after executing the grant agreement 
and after title evidence has been ap-
proved by the Administrator for the 
property interest for which payment is