# Checklist of Federal Requirements for Construction Contracting

**AIP Requirements:**

Procurement actions that are undertaken for projects funded in part by
the Airport Improvement Program (AIP) require the inclusion of various
Federal Provisions. This requirement is established within the grant
assurances and is a condition of grant acceptance. The type and
magnitude of a project will affect the application of the various
Federal Provisions. Certain Federal provisions have dollar thresholds
that define when they are applicable. The majority of the Federal
provisions may be incorporated within the supplementary provisions of
the contract. However, certain Federal notices are required to be
identified within the Notice-to-Bidders. Furthermore, certifications
that are required of a prospective bidder or a Contractor are generally
required under their signature. This is best accomplished by
incorporating such certifications in the Proposal Form or the Contract
Agreement as is deemed appropriate or providing a separate form for
signature.

**Checklist:**

This checklist has been prepared to assist sponsors and their
consultants in preparing bid documents and contract document for
construction development project. The dollar amounts that are indicated
represent threshold limits for when the provisions apply. Statements and
provisions that are a matter of good practice are identified within
parenthesis.

**[Requests-for-Bids (Advertisement):]{.underline}**

For convenience of publishing in print media, the following provisions
may be incorporated by reference as opposed to including the entire text
of the provision:

> ***All Construction Contracts***

-   Buy American Preferences *(Title 49 United States Code, CHAPTER
    501)*

-   Foreign Trade Restriction: Denial of Public Works Contracts to
    Suppliers of Goods and Services of Countries that Deny Contracts to
    Suppliers of Goods and Services of Countries that Deny Procurement
    Market Access to U.S. Contractors *(DOT Regulation 49 CFR PART 30)*

> ***\$2,000 and greater***

-   Davis Bacon Act (DOL Regulation 29 CFR Part 5)

> ***\$10,000 and greater***

-   Affirmative Action to Ensure Equal Employment Opportunity (Executive
    Order 11246 and DOL Regulation 41 CFR PART 60)

> ***\$ 25,000 and greater***

-   Governmentwide Debarment and Suspension and Governmentwide
    Requirements for Drug-free Workplace (DOT Regulation 49 CFR PART 29)

**[Notice-to-Bidders:]{.underline}**

> ***All Construction Contracts***

-   Buy American Preferences (Title 49 United States Code, CHAPTER 501)

-   Foreign Trade Restriction (49 CFR Part 30)

-   Disadvantaged Business Enterprise (49 CFR Part 26)\
    NOTE: The threshold for DBE participation is based on the Sponsor
    receiving \$250,000 in Federal funds. This threshold level does not
    necessarily apply to size of the construction project. Refer to the
    Sponsor's approved DBE program to verify when DBE goals are
    applicable.

> ***\$2,000 and greater***

-   Davis Bacon Act (29 CFR Part 5)

> ***\$10,000 and greater***

-   Equal Employment Opportunity (Executive Order 11246 and 41 CFR Part
    60)

-   Goals for Minority and Female Participation (41 CFR Part 60-4.2)

-   Certification of Nonsegregated Facilities (41 CFR Part 60-1.8)

> ***\$ 25,000 and greater***

-   Debarment, Suspension, Ineligibility and Voluntary Exclusion (49 CFR
    Part 29)

> ***\$ 100,000 and greater***

-   Bid guarantee of 5 % (49 CFR Part 18.36(h)(1))

-   Performance Bond of 100% (49 CFR Part 18.36(h)(2))

-   Payment Bond of 100% (49 CFR Part 18.36(h)(3))

**[Instructions-to-Bidders:]{.underline}**

> ***All Construction Contracts***

-   Proposal Requirements and Conditions (Section 20 AC 150/5370-10)

> \- Pre-qualification - Preparation of Proposal - Withdrawal of
> Proposal
>
> \- Proposal Form - Irregular Proposals - Opening of Proposals
>
> \- Proposal Quantities - Bid Guarantee - Disqualification of Bidders
>
> \- Examination of P&S - Delivery of Proposal

-   Award and Execution of Contract (Section 30 AC 150/5370-10)

> \- Consideration of Proposals - Return of Proposal Guaranty - Contract
> Approval
>
> \- Award of Contract - Contract Bonds - Failure to Execute Contract
>
> \- Cancellation of Award - Execution of Contract

***Subject to Sponsor's Approved DBE Program***

-   Submittal Requirements for Proposed DBE Participation (49 CFR Part
    26)

**[Supplementary Provisions:]{.underline}**

> ***All Construction Contracts***

-   Lobbying and Influencing Federal Employees (49 CFR Part 20)

-   Trade Restriction Clause (49 CFR Part 30)

-   Access to Records and Reports (49 CFR Part 18.36(i)

-   Rights to Inventions (49 CFR Part 18.36(i)(8))

-   Buy American Preferences (Title 49 U.S.C. Chapter 501)

-   Energy Conservation Requirements (49 CFR Part 18.36)

-   Civil Rights Act of 1964, Title VI -- Contractual Requirements (49
    CFR Part 21)

-   Airport and Airway Improvement Act of 1982 (Section 520- General
    Civil Rights Provision)

-   Veteran's Preference (Title 49 U.S.C. 47112(c))

***As Required by the Sponsor's approved DBE program***

-   Disadvantaged Business Enterprises (49 CFR Part 26)\
    -Contract Assurance and Prompt Payment Clauses

> ***\$2,000 and greater***

-   Davis Bacon Requirements (29 CFR Part 5.5)

> ***\$10,000 and greater***

-   Equal Employment Opportunity Clause (41 CFR Part 60.1.4(b))

-   Certification of Nonsegregated Facilities -- Notice for
    Subcontractors (41 CFR Part 60-1.8)

-   Standard Federal Equal Employment Opportunity Construction Contract
    Specifications (41 CFR Part 60.4.3)

-   E.E.O. Compliance (41 CFR Part 60-1.7)

-   Requirement for Affirmative Actions to Ensure E.E.O (41 CFR Part
    60-2)

-   Termination of Contract (49 CFR Part 18.36(i)(2)

***\$100,000 and greater***

-   Breach of Contract Terms (49 CFR Part 18.36(i))

-   Contract Workhours and Safety Standards Act Requirements (29 CFR
    Part 5)

-   Clean Air and Water Pollution Control (49 CFR Part 18.36(i)(12))

**[Technical Specifications:]{.underline}**

> ***All Construction Contracts***

-   FAA STANDARDS: Sponsors are required to incorporate applicable FAA
    construction standards within the Technical Specifications. Certain
    situations may necessitate a modification to the FAA standard. In
    all such cases, the Sponsor must submit a written request that
    identifies the modifications and provides a justification for the
    modification.

**[Proposal Form:]{.underline}**

**Bidder Acknowledgements**

> ***All Construction Contracts***

-   Bid Guaranty (49 CFR Part 18.36)

-   Owner's Right to Hold bids for \_\_\_\_\_\_\_\_ days (Matter of Good
    Practice)

-   Time of Performance \_\_\_\_\_\_ days. (Matter of Good Practice)

-   Liquidated Damages \_\_\_\_\_\_\_\_\_\_ /day. (Matter of Good
    Practice)

-   Receipt of Addenda (Matter of Good Practice)

-   DBE Goal of \_\_\_\_\_\_\_\_\_ % (49 CFR Part 26)

> ***\$2,000 and greater***

-   Davis Bacon Act (29 CFR Part 5.5)

> ***\$10,000 and greater***

-   EEO Compliance Reports (41 CFR Part 60-1.7)

**Bidder Certifications** *(May be a separate form)*

> ***All Construction Contracts***

-   Trade Restriction Certification (49 CFR Part 30)

-   Buy American Certification (Title 49 U.S.C. Chapter 501)

> ***\$10,000 and greater***

-   Certification of Non-Segregated Facilities (41 CFR Part 60-1.8)

> ***\$ 25,000 and greater***

-   Certification Regarding Debarment, Suspension, Ineligibility and
    Voluntary Exclusion (49 CFR Part 29)

**DBE Forms**

> ***As Required by the Sponsor's approved DBE program***

-   Utilization Statement (49 CFR Part 26)

-   Letter of Intent (49 CFR Part 26)

**[Contract Agreement:]{.underline}**

-   Contract Parties Identified (Matter of Good Practice)

-   Mutual Agreement (Matter of Good Practice)

-   Project Work is defined (Matter of Good Practice)

-   Contract Price -- Consideration (Matter of Good Practice)

-   Payment Provisions or reference to General Provisions (Matter of
    Good Practice)

-   Contract Time (Matter of Good Practice)

-   Liquidated Damages (Matter of Good Practice)

-   Signature Acceptance (Matter of Good Practice)

**Certifications**

-   Certification of Eligibility-Davis Bacon Act (29 CFR Part 5.5)

-   Certification of Non-Segregated Facilities (41 CFR Part 60-1.8)