2.Record of Changes 2
3.Requirements 3
1.Required Contract Provisions 3
4.Sponsor Requirements 3
5.Incorporation of Provisions 3
6.Requests for Bids (Advertisement) and Notice to Bidders 4
7.Requirements For All Contracts Entered into by Obligated Sponsors. 4
8.Failure to Comply with Provisions 4
9.Applicability Matrix for Contract Provisions 4
10.Appendix A – CONTRACT PROVISIONS 6
ACCESS TO RECORDS AND REPORTS 6
AFFIRMATIVE ACTION REQUIREMENT 8
BREACH OF CONTRACT TERMS 10
BUY AMERICAN PREFERENCE 11
CIVIL RIGHTS - GENERAL 17
CIVIL RIGHTS – TITLE VI ASSURANCE 19
CLEAN AIR AND WATER POLLUTION CONTROL 27
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 28
COPELAND “ANTI-KICKBACK” ACT 30
DAVIS-BACON REQUIREMENTS 32
DEBARMENT AND SUSPENSION 39
DISADVANTAGED BUSINESS ENTERPRISE 41
DISTRACTED DRIVING 44
ENERGY CONSERVATION REQUIREMENTS 45
EQUAL EMPLOYEMENT OPPORTUNITY (E.E.O.) 46
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 53
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 54
PROHIBITION of SEGREGATED FACILITIES 55
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 57
PROCUREMENT OF RECOVERED MATERIALS 58
RIGHT TO INVENTIONS 60
SEISMIC SAFETY 61
TERMINATION OF CONTRACT 62
TRADE RESTRICTION CERTIFICATION 66
VETERAN’S PREFERENCE 68
To maintain eligibility of their procurement actions, a sponsor must incorporate applicable contract provisions in all federally-assisted procurement and contract documents, including all subcontracts. For purposes of determining requirements for contract provisions, the term contract includes subcontracts.
In general, the sponsor must:
Whenever a clause or provision has mandatory text, the sponsor must incorporate the text of the provision without change. The only exception to this restriction is for those instances within the provision text that require the sponsor to insert appropriate information such as name or value. To align with the sponsor’s standard contract language, the word “Owner” may also be replaced with “Airport Authority” or their standard method of referring to the sponsor in contracts. Any modification beyond what is specifically permitted is not permitted and may invalidate the clause.
For those provisions that do not have required language, this guidance provides model language acceptable to the FAA in meeting the intent and purpose of the law or regulation. Some sponsors may already have standard procurement language that is equivalent to those Federal provisions that do not have explicit mandatory language. In these cases, sponsors may use their existing standard procurement provision language provided the text meets the intent and purpose of the Federal law or regulation.
Contract clause language must be made available to bidders. The Sponsor does this by including the required language in Requests for Bids, Notices to Bidders, or in the contract.