Certified current 5/17/07

U.S. DEPARTMENT OF TRANSPORTATION\
FEDERAL AVIATION ADMINISTRATION

AIRPORT IMPROVEMENT PROGRAM

# CONSTRUCTION CONTRACT

**\$100,000 AND OVER**

**CIVIL RIGHTS ACT OF 1964, TITLE VI -- 49 CFR PART 21**

**CONTRACTUAL REQUIREMENTS**

**(VERSION 1, 1/5/90)**

During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor") agrees as follows:

**1.** **Compliance with Regulations.** The contractor shall comply with
the Regulations relative to nondiscrimination in Federally assisted
programs of the Department of Transportation (hereinafter, "DOT") Title
49, Code of Federal Regulations, Part 21, as they may be amended from
time to time (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.

**2. Nondiscrimination.** The contractor, with regard to the work
performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by section 21.5
of the Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the regulations.

**3. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment**. In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color
or national origin.

**4. Information and Reports.** The contractor shall provide all
information and reports required by the Regulations or directives issued
pursuant thereto and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the Sponsor or the Federal Aviation Administration (FAA)
to be pertinent to ascertain compliance with such Regulations, orders,
and instructions. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the sponsor or the FAA,
as appropriate, and shall set forth what efforts it has made to obtain
the information.

**5. Sanctions for Noncompliance.** In the event of the contractor's
noncompliance with the nondiscrimination provisions of this contract,
the sponsor shall impose such contract sanctions as it or the FAA may
determine to be appropriate, including, but not limited to:

a\. Withholding of payments to the contractor under the contract until
the contractor complies, and/or

b\. Cancellation, termination, or suspension of the contract, in whole
or in part.

**6. Incorporation of Provisions.** The contractor shall include the
provisions of paragraphs 1 through 5 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The contractor shall
take such action with respect to any subcontract or procurement as the
sponsor or the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that in the
event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such
direction, the contractor may request the Sponsor to enter into such
litigation to protect the interests of the sponsor and, in addition, the
contractor may request the United States to enter into such litigation
to protect the interests of the United States.

**AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520**

**GENERAL CIVIL RIGHTS PROVISIONS**

**(VERSION 1, 1/5/90)**

The contractor/tenant/concessionaire/lessee assures that it will comply
with pertinent statutes, Executive orders and such rules as are
promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from Federal
assistance. This provision obligates the tenant/concessionaire/lessee or
its transferee for the period during which Federal assistance is
extended to the airport program, except where Federal assistance is to
provide, or is in the form of personal property or real property or
interest therein or structures or improvements thereon. In these cases
the provision obligates the party or any transferee for the longer of
the following periods: (a) the period during which the property is used
by the airport sponsor or any transferee for a purpose for which Federal
assistance is extended, or for another purpose involving the provision
of similar services or benefits or (b) the period during which the
airport sponsor or any transferee retains ownership or possession of the
property. In the case of contractors, this provision binds the
contractors from the bid solicitation period through the completion of
the contract.

**INSPECTION OF RECORDS -- 49 CFR PART 18**

**(VERSION 1, 1/5/90)**

The contractor shall maintain an acceptable cost accounting system. The
Sponsor, the FAA, the Comptroller General of the United States shall
have access to any books, documents, paper, and records of the
contractor which are directly pertinent to the specific contract for the
purposes of making an audit, examination, excerpts, and transcriptions.
The contractor shall maintain all required records for three years after
the Sponsor makes final payment and all other pending matters are
closed.

**RIGHTS TO INVENTIONS -- 49 CFR PART 18**

**(VERSION 1, 1/5/90)**

All rights to inventions and materials generated under this contract are
subject to regulations issued by the FAA and the Sponsor of the Federal
grant under which this contract is executed. Information regarding these
rights is available from the FAA and the Sponsor.

**BREACH OF CONTRACT TERMS**

**SANCTIONS -- 49 CFR PART 18**

**(VERSION 1, 1/5/90)**

Any Violation or breach of the terms of this contract on the part of the
contractor or subcontractor may result in the suspension or termination
of this contract or such other action which may be necessary to enforce
the rights of the parties of this agreement.

**DBE REQUIRED STATEMENTS -- 49 CFR PART 26**

**(11/19/01)**

**[Policy:]{.underline}** It is the policy of the Department of
Transportation (DOT) that Disadvantaged Business Enterprises (DBE's) as
defined in 49 CFR Part 26 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part
with Federal funds under this agreement. Consequently, the DBE
requirements of 49 CFR Part 26, apply to this agreement.

**[DBE Obligation:]{.underline}** The contractor or subcontractor shall
not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to
carry out these requirements is a material breach of this contract,
which may result in result in the termination of this contract or such
other remedy, as the recipient deems appropriate.

**[Prompt Payment:]{.underline}** The prime contractor agrees to pay
each subcontractor under this prime contract for satisfactory
performance of its contact no later than ***(specify number of days as
defined in recipient's DBE plan)*** days from the receipt of each
payment the prime contractor receives from the recipient. The prime
contractor agrees further to return retainage payments to each
subcontractor within than ***(specify number of days as defined in
recipient's DBE plan)*** days after the subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the
above referenced time frame may occur only for good cause following
written approval of the recipient. This clause applies to both DBE and
non-DBE subcontractor.

> ***(Note: The above prompt payment statement is sample language. If
> different***
>
> ***than above, recipients should use the clause as provided in their
> DBE Plan in accordance with 49 CFR Part 26.29)***

**[Contract Goals:]{.underline}** ***(Note the following statements
should only be used if the recipient does not expect to meet the overall
goal through race-neutral means AND the contract has subcontracting
possibilities):***

The bidder shall subcontract       percent of the dollar value of the
total amount of a DOT-assisted contract ***(or of the Federal share of a
DOT-assisted contract as defined in recipient's DBE plan)*** to
qualified DBE subcontractors. ***At (state the time as identified in the
recipient's DBE plan)*** the bidder shall submit:

1.  The names, addresses of DBE firms that will participate in the
    contract;

2.  A description of work that each DBE will perform;

3.  The dollar amount of the participation of each DBE firm;

4\. Written and signed document of commitment to use the DBE
subcontractor whose participation it submits to meet a contract goal;

5\. Written and signed confirmation from the DBE that it is
participating in the contract as provided in the prime contractor's
commitment.

6.  If the bidder fails to meet the contract goal, evidence of good
    faith efforts, as described below shall be submitted.

A bidder who fails to meet these requirements, and who cannot show good
faith effort will be considered non-responsive ***(or non-responsible as
defined in the recipient's DBE Plan).***

**[Good Faith Effort]{.underline}.** ***(Note: This clause is only
required if contract goals are used).*** The following actions, by the
bidder, are generally considered a sign of good faith effort. This list
is not exclusive or exhaustive, but should be used as a guide in
determining good faith effort.

1.  Attendance at pre-bid meetings scheduled to inform DBE's of the
    project.

2.  Advertisement in general circulation, trade association and minority
    focus media concerning subcontracting opportunities.

3.  Written notice to DBE's allowing sufficient time for reply.

4.  Follow up of initial solicitation.

5.  Selection of portions of the work likely to be performed by DBE's.

6.  Provide interested DBE's adequate information for bidding.

7.  Negotiation with interested DBE's.

8.  Assist interested DBE's with bonding, insurance or credit.

9.  Use of minority contractors' groups and minority business assistance
    offices.

**[Bidders List:]{.underline} *(Note: 49 CFR Part 26 requires recipients
to create a bidders list containing information about all DBE and
non-DBE firms that bid or quote on DOT-assisted contracts. The
regulation does not mandate a particular method for developing the list.
Use of a contract clause is one such method. If the recipient's DBE Plan
provides for the contract clause method, the following clause -- or one
developed locally -- may be used to include in each DOT-assisted
contract. Recipients that choose to use another method would not include
such a clause in their DOT-assisted contracts.)*** The bidder shall
submit the name, address, DBE status, age, and gross receipts of all
firms bidding or quoting subcontracts on DOT-assisted projects. The
attached form may be used to report this information.

> ***Note: The decision on when to require bidders list information from
> contractors and the impact on contractors who do not submit the
> information is made by the recipient.***

**[DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION]{.underline}:** The
undersigned has satisfied the requirements of the specifications in the
following manner (please check the appropriate space):

The bidder is committed to a minimum of [     ]{.underline} % DBE
utilization on this project.

The bidder (if unable to meet the goal of [     ]{.underline} % DBE) is
committed to a minimum of

[     ]{.underline} % DBE utilization on this project and has submitted
documentation showing good faith effort.

  ------------- ---- ------- ------- ------------------- --------- ------- ---------- --------------------
  Contractor                                                                          

  By                                                                                  

  (Signature)                                            (Title)                      

  Address                                                                             

  Phone Number                                                             Zip Code        
  ------------- ---- ------- ------- ------------------- --------- ------- ---------- --------------------

**[LETTER OF INTENT]{.underline}**

  ---------- --------- ------- ----------- ------- ------------------- ----- -----------
  Name of                                                                    
  Bidder's                                                                   
  Firm:                                                                      

  Bidder's                                                                   
  Address:                                                                   

  City:                                    State                       Zip        
  ---------- --------- ------- ----------- ------- ------------------- ----- -----------

  ------------ ------- -------- ---------- ------- ------- ------------------- ----- -----------
  Name of DBE                                                                        
  Firm:                                                                              

  Address:                                                                           

  City:                                            State                       Zip        

  Telephone                                                                          
  (including                                                                         
  area code):                                                                        
  ------------ ------- -------- ---------- ------- ------- ------------------- ----- -----------

Description of work to be performed by DBE firm:

  -----------------------------------------------------------------------
       

  -----------------------------------------------------------------------

Bidder intends to utilize the above-named minority firm for the work
described above. The estimated amount of work is valued at
\$[     ]{.underline}.

[If the above-named bidder is not determined to be the successful
bidder, the Letter of Intent shall be null and void.]{.underline}

(Copy this page for each minority subcontractor)

**[Bidders List]{.underline}**

All firms bidding or quoting on subcontracts for this

DOT-assisted project are listed below.

+---------------+-------------------------------+----------+-----+----+
| **[Firm       | **[Address]{.underline}**     | **[C     | **[ | *  |
| Name]{        |                               | ertified | Age | *[ |
| .underline}** |                               | DB       | of  | GR |
|               |                               | E]{.unde | F   | S\ |
|               |                               | rline}** | irm | *] |
|               |                               |          | ]{. | {. |
|               |                               | (Y or N) | und | un |
|               |                               |          | erl | de |
|               |                               |          | ine | rl |
|               |                               |          | }** | in |
|               |                               |          |     | e} |
|               |                               |          |     | ** |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+
|               |                               |          |     |    |
|               |                               |          |     |    |
|               |                               |          |     |    |
+---------------+-------------------------------+----------+-----+----+

Note: This form is not necessary if the recipient establishes a bidders
list using another methodology (e.g., statistically sound survey of
firms, widely disseminated request of firms to report information to the
recipient, etc.) as defined in the recipient's DBE plan.

\*GRS -- Annual Gross Receipts

Enter 1 for less than \$1 million

Enter 2 for more than \$1 million, less than \$5 million

Enter 3 for more than \$5 million, less than \$10 million

Enter 4 for more than \$10 million, less than \$15 million

Enter 5 for more than \$15 million.

good faith effort.

**TRADE RESTRICTION CLAUSE -- 49 CFR PART 30**

**(VERSION 1, 1/5/90)**

The contractor or subcontractor, by submission of an offer and/or
execution of a contract, certifies that it:

> a\. is not owned or controlled by one or more citizens of a foreign
> country included in the list of countries that discriminate against
> U.S. firms published by the Office of the United States Trade
> Representative (USTR);
>
> b\. has not knowingly entered into any contract or subcontract for
> this project with a person that is a citizen or national of a foreign
> country on said list, or is owned or controlled directly or indirectly
> by one or more citizens of nationals of a foreign country on said
> list;
>
> c\. has not procured any product or subcontracted for the supply of
> any product for use on the project that is produced in a foreign
> country on said list.

Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no contract shall be
awarded to a contractor or subcontractor who is unable to certify to the
above. If the contractor knowingly procures or subcontracts for the
supply of any product or service of a foreign country on said list for
use on the project, the Federal Aviation Administration may direct
through the Sponsor cancellation of the contract at no cost to the
Government.

Further, the contractor agrees that, if awarded a contract resulting
from this solicitation, it will incorporate this provision for
certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a
prospective subcontractor unless it has knowledge that the certification
is erroneous.

The contractor shall provide immediate written notice to the sponsor if
the contractor learns that its certification or that of a subcontractor
was erroneous when submitted or has become erroneous by reason of
changed circumstances. The subcontractor agrees to provide written
notice to the contractor if at any time it learns that its certification
was erroneous by reason of changed circumstances.

This certification is a material representation of fact upon which
reliance was placed when making the award. If it is later determined
that the contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration may direct through
the Sponsor cancellation of the contract or subcontract for default at
no cost to the Government.

Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by this provision. The knowledge and
information of a contractor is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.

This certification concerns a matter within the jurisdiction of an
agency of the United States of America and making of a false,
fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.

**CERTIFICATION REGARDING DEBARMENT, SUSPENSION,**

**INELIGIBILITY, AND VOLUNTARY EXCLUSION -- 49 CFR PART 29**

**(VERSION 1, 1/5/90)**

The bidder/offeror certifies, by submission of this proposal or
acceptance of this contract, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, or declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by
submitting this proposal that it will include this clause without
modification in all lower tier transactions, solicitations, proposals,
contracts, and subcontracts. Where the bidder/offeror/contractor or any
lower tier participant is unable to certify to this statement, it shall
attach an explanation to this solicitation/proposal.

**AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 515**

**VETERAN'S PREFERENCE**

**(VERSION 1, 1/5/90)**

In the employment of labor (except in executive, administrative, and
supervisory positions), preference shall be given to veterans of the
Vietnam era and disabled veterans. However, this preference shall apply
only where the individuals are available and qualified to perform the
work to which the employment relates.

**TERMINATION OF CONTRACT -- 49 CFR PART 18**

**(VERSION 1, 1/5/90)**

1\. The Sponsor may, by written notice, terminate this contract in whole
or in part at any time, either for the Sponsor's convenience or because
of failure to fulfill the contract obligations. Upon receipt of such
notice services shall be immediately discontinued (unless the notice
directs otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered to
the Sponsor.

2\. If the termination is for the convenience of the Sponsor, an
equitable adjustment in the contract price shall be made, but no amount
shall be allowed for anticipated profit on unperformed services.

3\. If the termination is due to failure to fulfill the contractor's
obligations, the Sponsor may take over the work and prosecute the same
to completion by contract or otherwise. In such case, the contractor
shall be liable to the sponsor for any additional cost occasioned to the
Sponsor thereby.

4\. If, after notice of termination for failure to fulfill contract
obligations, it is determined that the contractor had not so failed, the
termination shall be deemed to have been effected for the convenience of
the Sponsor. In such event, adjustment in the contract price shall be
made as provided in paragraph 2 of this clause.

5\. The rights and remedies of the sponsor provided in this clause are
in addition to any other rights and remedies provided by law or under
this contract.

**CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS**

**(VERSION 1, 1/5/90)**

Contractors and subcontractors agree:

a\. That any facility to be used in the performance of the contract or
subcontract or to benefit from the contract is not listed on the
Environmental Protection Agency (EPA) List of Violating.

b\. To comply with all the requirements of Section 114 of the Clean Air
Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating
to inspection, monitoring, entry, reports, and information, as well as
all other requirements specified in Section 114 and Section 308 of the
Acts, respectively, and all other regulations and guidelines issued
thereunder;

c\. That, as a condition for the award of this contract, the contractor
or subcontractor will notify the awarding official of the receipt of any
communication from the EPA indicating that a facility to be used for the
performance of or benefit from the contract is under consideration to be
listed on the EPA list of Violating Facilities;

d\. To include or cause to be included in any construction contract or
subcontract which exceeds 100,000 the aforementioned criteria and
requirements.

**DAVIS BACON REQUIREMENTS - 29 CFR PART 5**

**(VERSION 1, 1/5/90)**

\(1\) Minimum Wages.

\(i\) All laborers and mechanics employed or working upon the site of
the work will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Secretary of Labor under
the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalent thereof) due at time of payment
computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this
section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29
CFR Part 5.5 (a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the
employer\'s payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under
(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site
of the work in a prominent and accessible place where it can easily be
seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers
or mechanics which is not listed in the wage determination and which is
to be employed under the contract shall be classified in conformance
with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore
only when the following criteria have been met:

> \(1\) The work to be performed by the classification requested is not
> performed by a classification in the wage determinations; and
>
> \(2\) The classification is utilized in the area by the construction
> industry; and
>
> \(3\) The proposed wage rate, including any bona fide fringe benefits,
> bears a reasonable relationship to the wage rates contained in the
> wage determination.

\(B\) If the contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and the
contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140).

\(C\) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives and the
contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of
the contracting officer, to the Administrator for determination. The
Administrator, or and authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period
that additional time is necessary. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0140).

\(D\) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(B) or (C) of this paragraph,
shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the
classification.

\(iii\) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.

\(iv\) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor to set aside
in a separate account assets for the meeting of obligations under the
plan or Program. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140).

\(2\) **Withholding.** The Federal Aviation Administration or the
Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause
to be withheld from the contractor under this contract or any other
Federal contact with the same prime contractor, or any other
Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or
working on the site of work, all or part of the wages required by the
contract, the Federal Aviation Administration may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.

(3) **Payrolls and basic records.**

> \(i\) Payrolls and basic records relating thereto shall be maintained
> by the contractor during the course of the work and preserved for a
> period of three years thereafter for all laborers and mechanics
> working at the site of the work. Such records shall contain the name,
> address, and social security number of each such worker, his or her
> correct classification, hourly rates of wages paid (including rates of
> contributions or costs anticipated for bona fide fringe benefits or
> cash equivalents thereof of the types described in 1(b)(2)(B) of the
> Davis-Bacon Act), daily and weekly number of hours worked, deductions
> made and actual wages paid. Whenever the Secretary of Labor has found
> under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
> include the amount of any costs reasonably anticipated in providing
> benefits under a plan or program described in section 1(b)(2)(B) of
> the Davis-Bacon Act, the contractor shall maintain records which show
> that the commitment to provide such benefits is enforceable, that the
> plan or program is financially feasible, and that the plan or program
> has been communicated in writing to the laborers or mechanics
> affected, and records which show the costs anticipated or the actual
> costs incurred in providing such benefits. Contractors employing
> apprentices or trainees under approved programs shall maintain written
> evidence of the registration of apprenticeship programs and
> certification of trainee programs, the registration of the apprentices
> and trainees, and the ratios and wage rates prescribed in the
> applicable programs. (Approved by the Office of Management and Budget
> under OMB Control Numbers 1215-0140 and 1215-0017).
>
> \(ii\) (A) The contractor shall submit weekly, for each week in any
> contract work is performed, a copy of all payrolls to the applicant,
> sponsor, or owner, as the case may be, for transmission to the Federal
> Aviation Administration. The payrolls submitted shall set out
> accurately and completely all of the information required to be
> maintained under paragraph 5.5 (a)(3)(i) above. This information may
> be submitted in any form desired. Optional FormWH-347 is available for
> this purpose and may be purchased from the Superintendent of Documents
> (Federal Stock Number 029-005-00014-1), U.S. Government Printing
> Office, Washington, D.C. 20402. The prime contractor is responsible
> for the submission of copies of payrolls by all subcontractors.
> (Approved by the Office of Management and Budget under OMB Control
> Number 1215-0149).
>
> \(B\) Each payroll submitted shall be accompanied by a "Statement of
> Compliance," signed by the contractor of subcontractor or his or her
> agent who pays or supervises the payment of the persons employed under
> the contract and shall certify the following:
>
> \(1\) That the payroll for the payroll period contains the information
> required to be maintained under paragraph (3)(i) above and that such
> information is correct and complete;
>
> \(2\) That each laborer and mechanic (including each helper,
> apprentice and trainee) employed on the contract during the payroll
> period has been paid the full weekly wages earned, without rebate,
> either directly or indirectly, and that no deductions have been made
> either directly or indirectly from the full wages earned, other than
> permissible deductions as set forth in Regulations 29 CFR Part 3;
>
> \(3\) That each laborer or mechanic has been paid not less than the
> applicable wage rates and fringe benefits or cash equivalents for the
> classification of work performed, as specified in the applicable wage
> determination incorporated into the contract.
>
> \(C\) The weekly submission of a properly executed certification set
> forth on the reverse side of Optional Form WH-347 shall satisfy the
> requirement for submission of the "Statement of Compliance" required
> by paragraph (3)(ii)(B) of this section.
>
> \(D\) The falsification of any of the above certifications may subject
> the contractor or subcontractor to civil or criminal prosecution under
> section 1001 of Title 18 and Section 231 of Title 31 of the United
> States Code.
>
> \(ii\) The contractor or subcontractor shall make the records required
> under paragraph (3)(i) of this section available for inspection,
> copying or transcription by authorized representatives of the Sponsor,
> the Federal Aviation Administration or the Department of Labor, and
> shall permit such representatives to interview employees during
> working hours on the job. If the contractor or subcontractor fails to
> submit the required records or to make them available, the Federal
> agency may, after written notice to the contractor, sponsor, applicant
> or owner, take such action as may be necessary to cause the suspension
> of any further payment, advance, or guarantee of funds. Furthermore,
> failure to submit the required records upon request or to make such
> records available may be grounds for debarment action pursuant to 29
> CFR 5.12.

\(4\) **Apprentices and Trainees.**

> \(i\) **Apprentices.** Apprentices will be permitted to work at less
> than the predetermined rate for work they performed when they are
> employed pursuant to and individually registered in a bona fide
> apprenticeship program registered with the U.S. Department of Labor,
> Employment and Training Administration, Bureau of Apprenticeship and
> Training, or with a State Apprenticeship Agency recognized by the
> Bureau, or if a person is employed in his or her first 90 days of
> probationary employment as an apprentice in such an apprenticeship
> program, who is not individually registered in the program, but who
> has been certified by the Bureau of Apprenticeship and Training or a
> State Apprenticeship Agency (where appropriate) to be eligible for
> probationary employment as an apprentice. The allowable ratio of
> apprentices to journeymen on the job site in any craft classification
> shall not be greater than the ratio permitted to the contractor as to
> the entire work force under the registered program. Any worker listed
> on a payroll at an apprentice wage rate, who is not registered or
> otherwise employed as stated above, shall be paid not less than the
> applicable wage rate on the wage determination for the classification
> of work actually performed. In addition, any apprentice performing
> work on the job site in excess of the ratio permitted under the
> registered program shall be paid not less than the applicable wage
> rate on the wage determination for the work actually performed. Where
> a contractor is performing construction on a project in a locality
> other than in which its program is registered, the ratios and wage
> rates (expressed in percentages of the journeyman's hourly rate)
> specified in the contractor's or subcontractor's registered program
> shall be observed. Every apprentice must be paid at not less than the
> rate specified in the registered program for the apprentice's level of
> progress, expressed as a percentage of the journeymen hourly rate
> specified in the applicable wage determination. Apprentices shall be
> paid fringe benefits in accordance with the provisions of the
> apprenticeship program. If the apprenticeship program does not specify
> fringe benefits, apprentices must be paid the full amount of amount of
> fringe benefits listed on the wage determination for the applicable
> classification. If the Administrator determines that a different
> practice prevails for the applicable apprentice classification,
> fringes shall be paid in accordance with that determination. In the
> event the Bureau of Apprenticeship and Training, or a State
> Apprenticeship Agency recognized by the Bureau, withdraws approval of
> an apprenticeship program, the contractor will no longer be permitted
> to utilize apprentices at less than the applicable predetermined rate
> for the work performed until an acceptable program is approved.
>
> \(ii\) **Trainees.** Except as provided in 29 CFR 5.16, trainees will
> not be permitted to work at less than the predetermined rate for the
> work performed unless they are employed pursuant to and individually
> registered in a program which has received prior approval, evidenced
> by formal certification by the U.S. Department of Labor, Employment
> and Training Administration. The ratio of trainees to journeymen on
> the job site shall not be greater than permitted under the plan
> approved by the Employment and Training Administration. Every trainee
> must be paid at not less than the rate specified in the approved
> program for the trainee's level of progress, expressed as a percentage
> of the journeyman hourly rate specified in the applicable wage
> determination. Trainees shall be paid fringe benefits in accordance
> with the provisions of the trainee program. If the trainee program
> does not mention fringe benefits, trainees shall be paid the full
> amount of fringe benefits listed on the wage determination unless the
> Administrator of the Wage and Hour Division determines that there is
> an apprenticeship program associated with the corresponding journeyman
> wage rate on the wage determination which provides for less than full
> fringe benefits for apprentices. Any employee listed on the payroll at
> a trainee rate who is not registered and participating in a training
> plan approved by the Employment and Training Administration shall be
> paid not less than the applicable wage rate on the wage determination
> for the classification of work actually performed. In addition, any
> trainee performing work on the job site in excess of the ratio
> permitted under the registered program shall be paid not less than the
> applicable wage rate on the wage determination for the work actually
> performed. In the event the Employment and Training Administration
> withdraws approval of a training program, the contractor will not
> longer be permitted to utilize trainees at less than the applicable
> predetermined rate for the work performed until an acceptable program
> is approved.
>
> \(iii\) Equal Employment Opportunity. The utilization of apprentices,
> trainees and journeymen under this part shall be in conformity with
> the equal employment opportunity requirements of Executive Order
> 11246, as amended, and 29 CFR Part 30.

\(5\) **Compliance with the Copeland Act Requirements.** The contractor
shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.

\(6\) **Subcontracts.** The contractor or subcontractor shall insert in
any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through
(10) and such other clauses as the Federal Aviation Administration may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR Part 5.5.

\(7\) **Contract Termination: Debarment.** A breach of the contract
clauses in paragraph (1) through (10) of this section and paragraphs (1)
through (5) of the next section below may be grounds for termination of
the contract, and for the debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.

\(8\) **Compliance with Davis-Bacon and Related Act Requirements.** All
rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
reference in this contract.

\(9\) **Disputes Concerning Labor Standards.** Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.

\(10\) **Certification of Eligibility.**

> \(i\) By entering into this contract, the contractor certifies that
> neither it (nor he or she) nor any person or firm who has an interest
> in the contractor's firm is a person or firm ineligible to be awarded
> Government contracts by virtue of section 3(a) of the Davis-Bacon Act
> or 29 CFR 5.12(a)(1).
>
> \(ii\) No part of this contract shall be subcontracted to any person
> or firm ineligible for award of a Government contract by virtue of
> section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
>
> \(iii\) The penalty for making false statements is prescribed in the
> U.S. Criminal Code, 18 U.S.C. 1001.

**CONTRACT WORK HOURS AND SAFETY STANDARDS**

**ACT REQUIREMENTS -- 29 CFR PART 5**

**(VERSION 1, 1/5/90)**

\(1\) **Overtime Requirements.** No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic, including watchmen and guards, in any
workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of forty hours in such
workweek.

\(2\) **Violation; Liability for Unpaid Wages; Liquidated Damages.** In
the event of any violation of the clause set forth in paragraph 1 above,
the contractor or any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor or subcontractor
shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set
forth in paragraph 1. above, in the sum of \$10 for each calendar day on
which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph 1 above.

\(3\) **Withholding for Unpaid Wages and Liquidated Damages.** The
Federal Aviation Administration or the Sponsor shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same
prime contractor, or any other Federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in
paragraph 2 above.

\(4\) **Subcontractors.** The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraphs 1 through 4 and
also a clause requiring the subcontractor to include these clauses in
any lower tier contracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs 1 through 4.

**(5) Working Conditions.** No contractor or subcontractor may require
any laborer or mechanic employed in the performance of any contract to
work in surroundings or under working conditions that are unsanitary,
hazardous or dangerous to his health or safety as determined under
construction safety and health standards (29 CFR Part 1926) issued by
the Department of Labor.

**EQUAL EMPLOYMENT OPPORTUNITY -- 41 CFR PART 60-1.4(b)**

**(VERSION 1, 1/5/90)**

During the performance of this contract, the contractor agrees as
follows:

1\. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to the
following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.

2\. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.

3\. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.

4\. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, as amended, and of the rules, regulations,
and relevant orders of the Secretary of Labor.

5\. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.

6\. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or
Federally-assisted construction contracts in accordance with procedure
authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.

7\. The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provision, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the
interests of the United States.

**NOTICES TO BE POSTED PER PARAGRAPHS**

**(1) AND (3) OF THE EEO CLAUSE -- 41 CFR PART 60-1.4(b)**

**(VERSION 1, 1/5/90)**

Equal Employment Opportunity is the Law -- Discrimination is Prohibited
by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title
VII of the Civil Rights Act of 1964 -- Administered by:

The Equal Employment Opportunity Commission

Prohibits discrimination because of Race, Color, Religion, Sex, or
National Origin by Employers with 25 or more employees, by Labor
Organizations with a hiring hall of 25 or more members, by Employment
Agencies, and by Joint Labor-Management Committees for Apprenticeship or
Training.

Any person who believes he or she has been discriminated against should
contact:

> The Office of Federal Contract Compliance Programs
>
> U.S. Department of Labor
>
> Washington, D.C. 20210

**NOTICE FOR SOLICITATIONS FOR BIDS**

**(BID NOTICE) -- 41 CFR PART 60-4.2**

**(VERSION 1, 1/5/90)**

1\. The Offeror's or Bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal Employment
Opportunity Construction Contract Specifications" set forth herein.

2\. The goals and timetables for minority and female participation,
expressed in percentage terms for the contractor's aggregate workforce
in each trade on all construction work in the covered area, are as
follows:

Timetables Goals for Minority participation Goals for female
participation in

> for each trade each trade

6.9%

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

These goals are applicable to all the contractor's construction work
(whether or not it is Federal or Federally-assisted) performed in the
covered area. If the contractor performs construction work in a
geographical area located outside of the geographical area where the
work is actually performed. With regard to this second area, the
contractor also is subject to the goals for both its Federally involved
and nonfederally involved construction.

The contractor's compliance with the Executive Order and the regulations
in 41 CFR Part 60-4 shall be based on its implementation of the Equal
Opportunity Clause, specific affirmative action obligations required by
the specifications set forth in 41 CFR 60-4.3(a), and its efforts to
meet the goals. The hours of minority and female employment and training
shall be substantially uniform throughout the length of the contract,
and in each trade, and the contractor shall make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer
of minority or female employees or trainees from contractor to
contractor or from project to project, for the sole purpose of meeting
the contractor's goals, shall be a violation of the contract, the
Executive Order, and the regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.

3\. The contractor shall provide written notification to the Director
OFCCP, within 10 working days of award of any construction subcontract
in excess of \$10,000 at any tier for construction work under the
contract resulting from this solicitation. The notification shall list
the name, address, and telephone number of the subcontractor; employer
identification number of the subcontractor; estimated dollar amount of
the subcontract; estimated starting and completion dates of subcontract;
and the geographical area in which the subcontract is to be performed.

4\. As used in this notice and in the contract resulting from this
solicitation, the "covered area" is (insert description of the
geographical areas where the contract is to be performed giving the
state, county, and city, if any).

**NOTICE TO PROSPECTIVE FEDERALLY ASSISTED**

**CONSTRUCTION CONTRACTORS -- 41 CFR 60-1.8**

**(VERSION 1, 5/1/90)**

1\. A Certification of Nonsegregated Facilities shall be submitted prior
to the award of a subcontract exceeding \$10,000 which is not exempt
from the provisions of the Equal Opportunity Clause.

2\. Contractors receiving Federally-assisted construction contract
awards exceeding \$10,000 which are not exempt form the provisions of
the Equal Opportunity Clause will be required to provide for the
forwarding of the following notice to prospective subcontractors for
supplies and construction contracts where the subcontracts exceed
\$10,000 and are not exempt from the provisions of the Equal Opportunity
Clause. NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.

**NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS**

**FOR CERTIFICATION OF NONSEGREGATED FACILITIES**

1\. A Certification of Nonsegregated Facilities shall be submitted prior
to the award of a Federally-assisted construction contract exceeding
\$10,000 which is not exempt from the provisions of the Equal
Opportunity Clause.

2\. Contractors receiving subcontract awards exceeding \$10,000 which
are not exempt from the provisions of the Equal Opportunity Clause will
be required to provide for the forwarding of the following notice to
prospective subcontractors for supplies and construction contracts where
the subcontracts exceed \$10,000 and are not exempt from the provisions
of the Equal Opportunity Clause. NOTE: The penalty for making false
statements in offers is prescribed in 18 U.S.C. 1001.

CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED
CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING \$10,000 WHICH
ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE)

**CERTIFICATION OF NONSEGREGATED FACILITIES**

The Federally-assisted construction contractor certifies that he will
not maintain or provide, for his employees, any segregated facilities at
any of his establishments and that he does not permit his employees to
perform their services at any location, under his control, where
segregated facilities are maintained. The Federally-assisted
construction contractor certifies that he will not maintain or provide,
for his employees, segregated facilities at any of his establishments
and that he will not permit his employees to perform their services at
any location under his control where segregated facilities are
maintained. The Federally-assisted construction contractor agrees that a
breach of this certification is a violation of the Equal Opportunity
Clause in his contract.

As used in this certification, the term "segregated facilities" means
any waiting rooms, work areas, restrooms, and washrooms, restaurants and
other eating areas, timeclocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for
employees which are segregated on a basis of race, color, religion, or
national origin because of habit, local custom, or any other reason. The
Federally-assisted construction contractor agrees that (except where he
has obtained identical certifications from proposed subcontractors for
specific time periods) he will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding
\$10,000 which are not exempt from the provisions of the Equal
Opportunity Clause and that he will retain such certifications in his
files.

**STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION**

**CONTRACT SPECIFICATIONS (41 CFR 60-4.3)**

**(VERSION 1, 1/5/90)**

1\. As used in these specifications:

> a\. "Covered area" means the geographical area described in the
> solicitation from which this contract resulted;
>
> b\. "Director" means Director, Office of Federal Contract Compliance
> Programs (OFCCP), U.S. Department of Labor, or any person to whom the
> Director delegates authority;
>
> c\. "Employer Identification Number" means the Federal social security
> number used on the Employer's Quarterly Federal Tax Return, U.S.
> Treasury Department Form 941;
>
> d\. "Minority"
>
> \(1\) Black (all persons having origins in any of the Black African
> racial groups not of Hispanic origin);
>
> \(2\) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central
> or South American, or other Spanish culture or origin regardless of
> race);
>
> \(3\) Asian and Pacific Islander (all persons having origins in any of
> the original peoples of the Far East, Southeast Asia, the Indian
> Subcontinent, or the Pacific Islands); and
>
> \(4\) American Indian or Alaskan native (all persons having origins in
> any of the original peoples of North America and maintaining
> identifiable tribal affiliations through membership and participation
> or community identification).

2\. Whenever the contractor, or any subcontractor at any tier,
subcontracts a portion of the work involving any construction trade, it
shall physically include in each subcontract in excess of \$10,000 the
provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set
forth in the solicitations from which this contract resulted.

3\. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a
Hometown Plan approved by the U.S. Department of Labor in the covered
area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that Plan for those trades which
have unions participating in the Plan. Contractors shall be able to
demonstrate their participation in and compliance with the provisions of
any such Hometown Plan. Each contractor or subcontractor participating
in an approved plan is individually required to comply with its
obligations under the EEO clause and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved Plan does not excuse any
covered contractor's of subcontractor's failure to take good faith
efforts to achieve the Plan goals and timetables.

4\. The contractor shall implement the specific affirmative action
standards provided in paragraphs 7a through 7p of these specifications.
The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment
and training of minority and female utilization the contractor should
reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors
performing construction work in a geographical area where they do not
have a Federal of Federally-assisted construction contract shall apply
the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in
the Federal Register in notice form, and such notices may be obtained
from any Office of Federal Contract Compliance Programs office or from
Federal procurement contracting officers. The contractor is expected to
make substantially uniform progress in meeting its goals in each craft
during the period specified.

5\. Neither the provisions of any collective bargaining agreement nor
the failure by a union with whom the contractor has a collective
bargaining agreement to refer either minorities or women shall excuse
the contractor's obligations under these specifications, Executive Order
11246 or the regulations promulgated pursuant thereto.

6\. In order for the nonworking training hours of apprentices and
trainees to be counted in meeting the goals, such apprentices and
trainees shall be employed by the contractor during the training period
and the contractor shall have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to
the availability of employment opportunities. Trainees shall be trained
pursuant to training programs approved by the U.S. Department of Labor.

7\. The contractor shall take specific affirmative actions to ensure
equal employment opportunity. The evaluation of the contractor's
compliance with these specifications shall be based upon its effort to
achieve maximum results from it actions. The contractor shall document
these efforts fully and shall implement affirmative action steps at
least as extensive as the following:

> a\. Ensure and maintain a working environment free of harassment,
> intimidation, and coercion at all sites, and in all facilities at
> which the contractor's employees are assigned to work. The contractor,
> where possible, will assign two or more women to each construction
> project. The contractor shall specifically ensure that all foremen,
> superintendents, and other onsite supervisory personnel are aware of
> and carry out the contractor's obligation to maintain such a working
> environment, with specific attention to minority or female individuals
> working at such sites or in such facilities.
>
> b\. Establish and maintain a current list of minority and female
> recruitment sources, provide written notification to minority and
> female recruitment sources and to community organizations when the
> contractor or its unions have employment opportunities available, and
> maintain a record of the organizations' responses.
>
> c\. Maintain a current file of the names, addresses, and telephone
> numbers of each minority and female off-the-street applicant and
> minority or female referral from a union, a recruitment source, or
> community organization and of what action was taken with respect to
> each such individual. If such individual was sent to the union hiring
> hall for referral and was not referred back to the contractor by the
> union or, if the referred, not employed by the contractor, this shall
> be documented in the file with the reason therefore along with
> whatever additional actions the contractor may have taken.
>
> d\. Provide immediate written notification to the Director when the
> union or unions with which the contractor has a collective bargaining
> agreement was not referred to the contractor a minority person or
> female sent by the contractor, or when the contractor has other
> information that the union referral process has impeded the
> contractor's efforts to meet its obligations.
>
> e\. Develop on-the-job training opportunities and/or participate in
> training programs for the area which expressly include minorities and
> women, including upgrading programs and apprenticeship and trainee
> programs relevant to the contractor's employment needs, especially
> those programs funded or approved by the Department of Labor. The
> contractor shall provide notice of these programs to the sources
> compiled under 7b above.
>
> f\. Disseminate the contractor's EEO policy by providing notice of the
> policy to unions and training programs and requesting their
> cooperation in assisting the contractor in meeting its EEO
> obligations; by including it in any policy manual and collective
> bargaining agreement; by publicizing it in the company newspaper,
> annual report, etc.; by specific review of the policy with all
> management personnel and with all minority and female employees at
> least once a year; and by posting the company EEO policy on bulletin
> boards accessible to all employees at each location where construction
> work is performed.
>
> g\. Review, at least annually, the company's EEO policy and
> affirmative action obligations under these specifications with all
> employees having any responsibility for hiring, assignment, layoff,
> termination, or other employment decisions including specific review
> of these items with onsite supervisory personnel such as
> superintendents, general foremen, etc., prior to the initiation of
> construction work at any job site. A written record shall be made and
> maintained identifying the time and place of these meetings, persons
> attending, subject matter discussed, and disposition of the subject
> matter.
>
> h\. Disseminate the contractor's EEO policy externally by including it
> in any advertising in the news media, specifically including minority
> and female news media, and providing written notification to and
> discussing the contractor's EEO policy with other contractors and
> subcontractors with whom the contractor does or anticipates doing
> business.
>
> i\. Direct its recruitment efforts, both oral and written, to
> minority, female, and community organizations, to schools with
> minority and female students; and to minority and female recruitment
> and training organizations serving the contractor's recruitment area
> and employment needs. Not later than one month prior to the date for
> the acceptance of applications for apprenticeship or other training by
> any recruitment source, the contractor shall send written notification
> to organizations, such as the above, describing the openings,
> screening procedures, and tests to be used in the selection process.
>
> j\. Encourage present minority and female employees to recruit other
> minority persons and women and, where reasonable, provide after
> school, summer, and vacation employment to minority and female youth
> both on the site and in other areas of a contractor's workforce.
>
> k\. Validate all tests and other selection requirements where there is
> an obligation to do so under 41 CFR Part 60-3.
>
> l\. Conduct, at least annually, an inventory and evaluation at least
> of all minority and female personnel, for promotional opportunities
> and encourage these employees to seek or to prepare for, through
> appropriate training, etc., such opportunities.
>
> m\. Ensure that seniority practices, job classifications, work
> assignments, and other personnel practices do not have a
> discriminatory effect by continually monitoring all personnel and
> employment related activities to ensure that the EEO policy and the
> contractor's obligations under these specifications are being carried
> out.
>
> n\. Ensure that all facilities and company activities are
> nonsegregated except that separate or single user toilet and necessary
> changing facilities shall be provided to assure privacy between the
> sexes.
>
> o\. Document and maintain a record of all solicitations of offers for
> subcontracts from minority and female construction contractors and
> suppliers, including circulation of solicitations to minority and
> female contractor associations and other business associations.
>
> p\. Conduct a review, at least annually, of all supervisor's adherence
> to and performance under the contractor's EEO policies and affirmative
> action obligations.

8\. Contractors are encouraged to participate in voluntary associations
which assist in fulfilling one or more of their affirmative action
obligations (7a through 7p). The efforts of a contractor association,
joint contractor union, contractor community, or other similar groups of
which the contractor is a member and participant, may be asserted as
fulfilling any one or more of its obligations under 7a through 7p of
these specifications provided that the contractor actively participates
in the group, makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the
contractor's minority and female workforce participation, makes a good
faith effort to meet its individual goals and timetables, and can
provide access to documentation which demonstrates the effectiveness of
actions taken on behalf of the contractor. The obligation to comply,
however, is the contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the contractor's noncompliance.

9\. A single goal for minorities and a separate single goal for women
have been established. The contractor, however, is required to provide
equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and
nonminority. Consequently, if the particular group is employed in a
substantially disparate manner (for example, even though the contractor
has achieved its goals for women generally,) the contractor may be in
violation of the Executive Order if a specific minority group of women
is underutilized.

10\. The contractor shall not use the goals and timetables or
affirmative action standards to discriminate against any person because
of race, color, religion, sex, or national origin.

11\. The contractor shall not enter into any subcontract with any person
or firm debarred from Government contracts pursuant to Executive Order
11246.

12\. The contractor shall carry out such sanctions and penalties for
violation of these specifications and of the Equal Opportunity Clause,
including suspension, termination, and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any contractor who fails to carry
out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.

13\. The contractor, in fulfilling its obligations under these
specifications, shall implement specific affirmative action steps, at
least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the contractor fails to comply
with these requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.

14\. The contractor shall designate a responsible official to monitor
all employment related activity to ensure that the company EEO policy is
being carried out, to submit reports relating to the provisions hereof
as may be required by the Government, and to keep records. Records shall
at least include for each employee, the name, address, telephone number,
construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained
in an easily understandable and retrievable form; however, to the degree
that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.

15\. Nothing herein provided shall be construed as a limitation upon the
application of other laws which establish different standards of
compliance or upon the application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works
Employment Act of 1977 and the Community Development Block Grant
Program).

APPENDIX A

Page 1

**BUY AMERICAN CERTIFICATE JAN (1991)**

By submitting a bid/proposal under this solicitation, except for those
items listed by the offeror below or on a separate and clearly
identified attachment to this bid/proposal, the offeror certifies that
steel and each manufactured product, is produced in the United States
(as defined in the clause Buy American - Steel and Manufactured Products
or Buy American -- Steel and Manufactured Products for Construction
Contracts) and that components of unknown origin are considered to have
been produced or manufactured outside the United States.

Offerors may obtain from (insert Sponsor Representative) lists of
articles, materials, and supplies excepted from this provision.

  --------------------------------------------- -------------------------
  **PRODUCT**                                   **COUNTRY OF ORIGIN**

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     

                                                     
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APPENDIX A

Page 2

**NOTICE TO BIDDERS**

**BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS**

**(JAN 1991)**

\(a\) The Aviaton Safety and Capacity Expansion Act of 1990 provides
that preference be given to steel and manufactured products produced in
the United States when funds are expended pursuant to a grant issued
under the Airport Improvement Program. The following terms apply:

> 1\. **[Steel and manufactured products.]{.underline}** As used in this
> clause, steel and manufactured products include (1) steel produced in
> the United States or (2) a manufactured product produced in the United
> States, if the cost of its components mined, produced or manufactured
> in the United States exceeds 60 percent of the cost of all its
> components and final assembly has taken place in the United States.
> Components of foreign origin of the same class or kind as the products
> referred to in subparagraphs (b) (1) or (2) shall be treated as
> domestic.
>
> 2\. **[Components.]{.underline}** As used in this clause, components
> means those articles, materials, and supplies incorporated directly
> into steel and manufactured products.
>
> 3\. **[Cost of components.]{.underline}** This means the costs for
> production of the components, exclusive of final assembly labor costs.

\(b\) The successful bidder will be required to deliver only domestic
steel and manufactured products, except those-

> \(1\) that the U.S. Department of Transportation has determined, under
> the Aviation Safety and Capacity Expansion Act of 1990, are not
> produced in the United States in sufficient and reasonably available
> quantities and of a satisfactory quality;
>
> \(2\) that the U.S. Department of Transportation has determined, under
> the Aviation Safety and Capacity Expansion Act of 1990, that domestic
> preference would be inconsistent with the public interest; or
>
> \(3\) that inclusion of domestic material will increase the cost of
> the overall project contract by more than 25 percent.
>
> (End of Clause)

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APPENDIX A

Page 3

**NOTICE TO BIDDERS**

**BUY AMERICAN - STEEL AND MANUFACTURED**

**PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)**

\(a\) The Aviaton Safety and Capacity Expansion Act of 1990 provides
that preference be given to steel and manufactured products produced in
the United States when funds are expended pursuant to a grant issued
under the Airport Improvement Program. The following terms apply:

> 1\. **[Steel and manufactured products.]{.underline}** As used in this
> clause, steel and manufactured products include (1) steel produced in
> the United States or (2) a manufactured product produced in the United
> States, if the cost of its components mined, produced or manufactured
> in the United States exceeds 60 percent of the cost of all its
> components and final assembly has taken place in the United States.
> Components of foreign origin of the same class or kind as the products
> referred to in subparagraphs (b) (1) or (2) shall be treated as
> domestic.
>
> 2\. **[Components.]{.underline}** As used in this clause, components
> means those articles, materials, and supplies incorporated directly
> into steel and manufactured products.
>
> 3\. **[Cost of components.]{.underline}** This means the costs for
> production of the components, exclusive of final assembly labor costs.

\(b\) The successful bidder will be required to assure that only
domestic steel and manufactured products will be used by the Contractor,
subcontractors, materialmen, and suppliers in the performance of this
contract, except those-

> \(1\) that the U.S. Department of Transportation has determined, under
> the Aviation Safety and Capacity Expansion Act of 1990, are not
> produced in the United States in sufficient and reasonably available
> quantities and of a satisfactory quality;
>
> \(2\) that the U.S. Department of Transportation has determined, under
> the Aviation Safety and Capacity Expansion Act of 1990, that domestic
> preference would be inconsistent with the public interest; or
>
> \(3\) that inclusion of domestic material will increase the cost of
> the overall project contract by more than 25 percent.
>
> (End of Clause)

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APPENDIX B

Page 1

**BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS**

**(JAN 1991)**

\(a\) The Contractor shall deliver only domestic steel and manufactured
products under this contract as defined in paragraph (b) below.

\(b\) The following terms apply to this clause:

> 1\. **[Steel and manufactured products.]{.underline}** As used in this
> clause, steel and manufactured products include (1) those produced in
> the United States or (2) a manufactured product produced in the United
> States, if the cost of its components mined, produced or manufactured
> in the United States exceeds 60 percent of the cost of all its
> components and final assembly has taken place in the United States.
>
> 2\. **[Components.]{.underline}** As used in this clause, components
> means those articles, materials, and supplies incorporated directly
> into steel and manufactured products.
>
> 3\. **[Cost of components.]{.underline}** This means the costs for
> production of the components, exclusive of final assembly labor costs.
>
> (End of Clause)

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APPENDIX B

Page 2

**BUY AMERICAN - STEEL AND MANUFACTURED**

**PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)**

\(a\) The Contractor agrees that only domestic steel and manufactured
products will be used by the Contractor, subcontractors, materialmen,
and suppliers in the performance of this contract, as defined in (b)
below.

\(b\) The following terms apply to this clause:

> 1\. **[Steel and manufactured products.]{.underline}** As used in this
> clause, steel and manufactured products include (1) those produced in
> the United States or (2) a manufactured product produced in the United
> States, if the cost of its components mined, produced or manufactured
> in the United States exceeds 60 percent of the cost of all its
> components and final assembly has taken place in the United States.
>
> 2\. **[Components.]{.underline}** As used in this clause, components
> means those articles, materials, and supplies incorporated directly
> into steel and manufactured products.
>
> 3\. **[Cost of components.]{.underline}** This means the costs for
> production of the components, exclusive of final assembly labor costs.
>
> (End of Clause)

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