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
705
Federal Aviation Administration, DOT
§ 151.65
requested, apply to the FAA, through
the Area Manager, for payment of the
United States share of the allowable
project costs of the acquisition, includ-
ing any acquisition that is completed
before executing the grant agreement
and is part of the airport development
included in the project.
§ 151.61 Grant payments: Partial.
(a) Subject to the final determina-
tion of allowable project costs as pro-
vided in § 151.63 partial grant payments
for project costs may be made to a
sponsor upon application. Unless pre-
viously agreed otherwise, a sponsor
may apply for partial payments on a
monthly basis. The payments may be
paid, upon application, on the basis of
the costs of airport development that
is accomplished or on the basis of the
estimated cost of airport development
expected to be accomplished.
(b) Except as otherwise provided, par-
tial grant payments are made in
amounts large enough to bring the ag-
gregate amount of all partial payments
to the estimated United States share of
the project costs of the airport develop-
ment accomplished under the project
as of the date of the sponsor’s latest
application for payment. In addition, if
the sponsor applies, a partial grant
payment is made as an advance pay-
ment in an amount large enough to
bring the aggregate amount of all par-
tial payments to the estimated United
States share of the estimated project
costs of the airport development ex-
pected to be accomplished within 30
days after the date of the sponsor’s ap-
plication for advance payment. How-
ever, no partial payment may be made
in an amount that would bring the ag-
gregate amount of all partial payments
for the project to more than 90 percent
of the estimated United States share of
the total estimated cost of all airport
development included in the project,
but not including contingency items,
or 90 percent of the maximum obliga-
tion of the United States as stated in
the grant agreement, whichever
amount is the lower. In determining
the amount of a partial grant payment,
those project costs that the Adminis-
trator considers to be of questionable
allowability are deducted both from
the amount of proj- ect costs incurred
and from the amount of the estimated
total project cost.
§ 151.63 Grant payments: Semifinal
and final.
(a) Whenever airport development on
a project is delayed or suspended for an
appreciable period of time for reasons
beyond the sponsor’s control and the
allowability of the project costs of all
airport development completed has
been determined on the basis of an
audit and review of all costs, a semi-
final grant payment may be made in an
amount large enough to bring the ag-
gregate amount of all partial grant
payments for the project to the United
States share of all allowable project
costs incurred, even if the amount is
more than the 90 percent limitation
prescribed in § 151.61(b). However, it
may not be more than the maximum
obligation of the United States as stat-
ed in the grant agreement.
(b) Whenever the project is com-
pleted in accordance with the grant
agreement, the sponsor may apply for
final payment. The final payment is
made to the sponsor if—
(1) A final inspection of all work at
the airport site has been made jointly
by the Area Manager and representa-
tives of the sponsor and the contractor,
unless the Area Manager agrees to a
different procedure for final inspection.
(2) A final audit of the project ac-
count has been completed by appro-
priate personnel of the FAA; and
(3) The sponsor has furnished final
‘‘as constructed’’ plans, unless other-
wise agreed to by the Administrator.
(c) Based upon the final inspection,
the final audit, the plans, and the docu-
ments and supporting information re-
quired by § 151.57(a), the Administrator
determines the total amount of the al-
lowable project costs and pays the
sponsor the United States’ share, less
the total amount of all prior payments.
§ 151.65 Memoranda and hearings.
(a) At any time before the FAA
issues a grant offer for a project, any
public agency or person having a sub-
stantial interest in the disposition of
the project application may file a
memorandum supporting or opposing it
with the Area Manager of the area in