[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR151.47]



[Page 102-103]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 151_FEDERAL AID TO AIRPORTS--Table of Contents

 

     Subpart B_Rules and Procedures for Airport Development Projects

 

Sec. 151.47  Performance of construction work: Letting of contracts.



    (a) Advertising required; exceptions. Unless the Administrator 

approves another method for use on a particular airport development 

project, each contract for construction work on a proj ect in the amount 

of more than $2,000 must be awarded on the basis of public advertising 

and open competitive bidding under the local law applicable to the 

letting of public contracts. Any oral or written agreement or 

understanding between a sponsor and another public agency that is not a 

sponsor of the project, under which that public agency undertakes 

construction work for or as agent of the sponsor, is not considered to 

be a construction contract for the purposes of this section, or 

Sec. Sec. 151.45, 151.49, and 151.51.

    (b) Advertisement; conditions and contents. There may be no 

advertisement for bids on, or negotiation of, a construction contract 

until the Administrator has approved the plans and specifications. The 

advertisement shall inform the bidders of the contract and reporting 

provisions required by Sec. 151.54. Unless the estimated contract price 

or construction cost is $2,000 or less, there may be no advertisement 

for bids or negotiation until the Administrator has given the sponsor a 

copy of a decision of the Secretary of Labor establishing the minimum 

wage rates for skilled and unskilled labor under the proposed contract. 

In each case, a copy of the wage determination decision must be set 

forth in the initial invitation for bids or proposed contract or 

incorporated therein by reference to a copy set forth in the advertised 

or negotiated specifications.

    (c) Procedure for the Secretary of Labor's wage determinations. At 

least 60 days before the intended date of advertising or negotiating 

under paragraph (b) of this section, the sponsor shall send to the Area 

Manager, completed Department of Labor Form DB-11, with only the 

classifications needed in the performance of the work checked. General 

entries (such as ``entire schedule'' or ``all applicable 

classifications'') may not be used. Additional necessary classifications 

not on the form may be typed in the blank spaces or on an attached 

separate list. A classification that can be fitted into classifications 

on the form, or a classification that is not generally recognized in the 

area or in the industry, may not be used. Except in areas where the wage 

patterns are clearly established, the Form must be accompanied by any 

available pertinent wage payment or locally prevailing fringe benefit 

information.

    (d) Use and effectiveness of the Secretary of Labor's wage 

determinations. (1) Wage determinations are effective only for 120 days 

from the date of the determinations. If it appears that a determination 

may expire between bid opening and award, the sponsor shall so advise 

the FAA as soon as possible. If he wishes a new request for wage 

determination to be made and if any pertinent circumstances have 

changed, he shall submit a new Form DB-11 and accompanying information. 

If he claims that the determination expires before award and after bid 

opening due to unavoidable circumstances, he shall submit proof of the 

facts which he claims support a finding to that effect.

    (2) The Secretary of Labor may modify any wage determination before 

the award of the contract or contracts for which it was sought. If the 

proposed



[[Page 103]]



contract is awarded on the basis of public advertisement and open 

competitive bidding, any modification that the FAA receives less than 10 

days before the opening of bids is not effective, unless the 

Administrator finds that there is reasonable time to notify bidders. A 

modification may not continue in effect beyond the effective period of 

the wage determination to which it relates. The Administrator sends any 

modification to the sponsor as soon as possible. If the modification is 

effective, it must be incorporated in the invitation for bids, by 

issuing an addendum to the specifications or otherwise.

    (e) Requirements for awarding construction contracts. A sponsor may 

not award a construction contract without the written concurrence of the 

Administrator (through the Area Manager) that the contract prices are 

reasonable and that the contract conforms to the sponsor's grant 

agreement with the United States. A sponsor that awards contracts on the 

basis of public advertising and open competitive bidding, shall, after 

the bids are opened, send a tabulation of the bids and its 

recommendations for award to the Area Manager. The allowable project 

costs of the work, on which the Federal participation is computed, may 

not be more than the bid of the lowest responsible bidder. The sponsor 

may not accept a bid by a contractor whose name appears on the current 

list of ineligible contractors published by the Comptroller General of 

the United States under Sec. 5.6(b) of Title 29 of the regulations of 

the Secretary of Labor (29 CFR part 5), or a bid by any firm, 

corporation, partnership, or association in which that contractor has a 

substantial interest.

    (f) Secretary of Labor's interpretations apply. Where applicable by 

their terms, the regulations of the Secretary of Labor (29 CFR 5.20-

5.32) interpreting the fringe benefit provisions of the Davis-Bacon Act 

apply to this section.



[Amdt. 151-6, 29 FR 18001, Dec. 18, 1964]