Required Contract Provisions for Airport Improvement Program and for Obligated Sponsors
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
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- CONTRACT CLAUSE
- LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
- PROHIBITION of SEGREGATED FACILITIES
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)SOURCE29 U.S.C. § 201, et seq APPLICABILITYThe United States Department of Labor (DOL) Wage and Hour Division administers the Fair Labor Standards Act (FLSA). This act prescribes federal standards for basic minimum wage, overtime pay, record keeping and child labor standards. Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. All consultants, sub-consultants, contractors and subcontractors employed under this federally assisted project must comply with the FLSA. Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the sponsor’s agreement with a professional services firm must include the FLSA provision.
The [contractor | consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [contractor | consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEESSOURCE31 U.S.C. § 1352 – Byrd Anti-Lobbying Amendment 2 CFR part 200, Appendix II(J) 49 CFR part 20, Appendix A
APPLICABILITYConsultants and contractors that apply or bid for an award of $100,000 or more must certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or another award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contract Types – The sponsor must incorporate this provision into all contracts exceeding $100,000. Use of Provision – Appendix A to 49 CFR Part 20 prescribes language the sponsor must use. The sponsor must incorporate this provision without modification. CONTRACT CLAUSECERTIFICATION REGARDING LOBBYING The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. PROHIBITION of SEGREGATED FACILITIESSOURCE41 CFR § 60 APPLICABILITYThe contractor must comply with the requirements of the E.E.O. clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract. Contract Types – AIP sponsors must incorporate the Prohibition of Segregated Facilities clause in any contract containing the Equal Employment Opportunity clause of 41 CFR §60.1. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause. Construction - Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle. Professional Services - Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60. Examples include the installation of noise monitoring equipment. Property/Land - Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60. Examples include demolition of structures or installation of boundary fencing. Use of Provision – The regulation does not prescribe mandatory language, the following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor’s language must fully satisfy the requirements of 41 CFR § 60. Directory: airports airports -> Local priority airports -> Draft for Internatl Airport Review Richard de Neufville Accommodating Low Cost Airlines at Main Airports airports -> Sponsor Self-Certification Report airports -> Northwest Mountain Region airports -> Effective date: October 1, 2013 arp sop n airports -> Agreement between And airports -> Designing Efficient Taxi Pick-up Operations at Airports airports -> The New England Regional Airport System Plan airports -> Term Project 231J/16. 781J/esd. 224J msp: Outcomes of the Delta Air Lines / Northwest Airlines Merger Download 304.95 Kb. Share with your friends:
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