[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR30.11]

[Page 356]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 30_DENIAL OF PUBLIC WORKS CONTRACTS TO SUPPLIERS OF GOODS AND SERVICES OF 
COUNTRIES THAT DENY PROCUREMENT MARKET ACCESS TO U.S. CONTRACTORS
--Table of Contents
 
Sec.  30.11  Use of solicitation provisions and contract clauses.

    (a) Unless the President or the Secretary waives the restrictions 
imposed by section 109(a) of the Continuing Resolution in accordance 
with Sec.  30.17 of this part, the contracting officer shall insert a 
clause similar to the clause at Sec.  30.15, Restrictions on Federal 
Public Works Projects, in contractions and solicitations, if--
    (1) The contract is awarded on or after December 22, 1987, and 
before October 1, 1988; and
    (2) The contract obligates funds appropriated for use in FY 1988 by 
the Continuing Resolution or any other law; and
    (3) The contract is for the acquisition of construction, alteration 
and repair, architectural, engineering, or other services directly 
related to the preparation for, or performance of, construction, 
alteration, and repair for Federal public works projects inside the 
United States, U.S. territories, or U.S. possessions.
    (b) Unless the Secretary waives the restrictions imposed by section 
115 of the Airport Safety Act in accordance with Sec.  30.17 of this 
part, the contracting officer shall insert a clause similar to the 
clause at Sec.  30.15, Restrictions on Federal Public Works Projects, in 
contracts and solicitations relating to any project for which funds, 
including grant funds, are made available by that Act, whether or not 
the contract is awarded during fiscal year 1988.
    (c) Any contract already awarded that should have contained the 
clause prescribed in paragraph (a) or (b) of this section, but did not, 
shall be modified to include the clause. In the event that the 
contracting officer is unable to modify such contract, the contract 
shall be canceled at no cost to the Government, unless a waiver is 
granted in accordance with Sec.  30.17 of this part.
    (d) Contracting officers shall insert a provision similar to the 
solicitation provision at Sec.  30.13 of this part, Restrictions on 
Public Works Projects--Certification, in solicitations containing the 
clause at Sec.  30.15 of this part, Restrictions on Federal Public Works 
Projects.
    (e) Any solicitation issued before December 22, 1987, that will 
result in the award of a contract covered by paragraph (a) of this 
section after December 22, 1987, and before October 1, 1988, and that 
should have contained a provision similar to that Sec.  30.13 of this 
part, but did not, shall be amended to include the provision if the 
contract has not yet been awarded.