HomeMy WebLinkAbout2026-078 AGRMT Century West Engineering Corporation " T Y OF�1,SNLAN [� Personal Services Agreement
City Information Consultant Information
City of Ashland Firm Name: Century West Engineering Corporation
Attn: Kaylea Kathol Contact: Tom Headley
20 East Main Street Address: 1020 SW Emkay Drive, Suite 100)
Ashland, Oregon 97520 Bend, Oregon 97702
Phone: (541) 488-5587 Phone: (541) 322-8962
Email: kaylea.kathol@ashland.or.us Email: THeadley@CenturyWest.com
Contract Summary
Procurement Method: Direct award
Completion Date: 12/31/2026
Contract Amount: $ 219,736.00 not to exceed
Description of Services: Construction Management for Airport Pavement Rehabilitation and Reconstruction, Phase 2:Construction
Supporting Documents: Scope of work Dated: 4/6/26
Contract Provision Guidelines for Oblia Dated: 3/17/26
Fee Worksheet Dated:
Dated:
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant listed
under Consultant Information above, ("hereinafter "Consultant"), for the services listed under
Description of Services and Supporting Documents as noted in the Contract Summary above. In
the event of conflict between provisions of the Supporting Documents, the Supporting Documents
shall be given precedence in the order listed above.
This Agreement, the Exhibits and the Supporting Documents shall be construed to be mutually
complementary and supplementary wherever possible. In the event of a conflict which cannot be
so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in
any of the exhibits or supporting documents. The Consultant's initials 1f7/ ] herein signify
acknowledgment and agreement to this provision, if applicable, or if not sign "N/A".
Consultant's services are collectively referred to in this Agreement as the "Work."
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NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of
execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner
terminated as specifically provided herein, shall terminate upon the City's affirmative
acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final
payment therefore, but not later than the Completion Date listed under the Contract
Summary in the table one page one of this agreement.
1.1. Time is of the essence. Time is of the essence for Consultant's performance of each
and every obligation and duty under this Agreement. City, by written notice to Consultant
of default or breach, may at any time terminate the whole or any part of this Agreement if
Consultant fails to provide the Work called for by this Agreement within the time specified
herein or within any extension thereof.
2. Compensation: City shall pay Consultant the sum listed as the "Contract Amount" under the
Contract Summary on page one of this document as full compensation for Consultant's
performance of all Work under this Agreement. In no event shall Consultant's total of all
compensation and reimbursement under this Agreement exceed the Contract Amount without
the express, written approval from the appropriate Department Head or City Manager.
Payments shall be made within thirty(30)days of the date of receipt by the City of Consultant's
invoice. Should this Agreement be terminated prior to completion of all Work, payments will
be made for any phase of the Work completed and accepted as of the date of termination.
3. Consultant Obligations:
3.1. Independent Contractor Status. Consultant is an independent contractor and not an
employee of the City for any purpose. Consultant shall have the complete responsibility
for the performance of this Agreement. Consultant shall provide workers' compensation
coverage as required in ORS Chapter 656 for all persons employed to perform Work
pursuant to this Agreement. Consultant is a subject employer that will comply with ORS
656.017.
3.2. Qualified Work. Consultant has represented, and by entering into this Agreement now
represents,that all personnel assigned to the Work to be performed under this Agreement
are fully qualified to perform the services to which they will be assigned in a skilled manner
and, if required to be registered, licensed, or bonded by the State of Oregon, are so
registered, licensed, or bonded.
3.3. Assignment. Consultant shall not assign this Agreement or subcontract any portion of
the Work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Consultant shall be fully responsible for
the acts or omissions of any assigns or subcontractors and of all persons employed by
them, and the approval by City of any assignment or subcontract of the Work shall not
create any contractual relation between the assignee or subcontractor and City.
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3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work
described in the Description of Services and in the Supporting Documents and, unless
otherwise specified in this Agreement, furnish all labor, equipment, and materials required
for the proper performance of such Work.
3.5. Certification. Consultant agrees to and shall sign the certification attached hereto as
"Exhibit C" and incorporated herein by this reference.
4. Insurance: Consultant shall, at its own expense, maintain the following insurance:
4.1. Worker's Compensation. Worker's Compensation insurance in compliance with ORS
656.017, which requires subject employers to provide Oregon workers' compensation
coverage for all their subject workers.
4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that
it is exempt from providing Workers' Compensation per ORS 656.027.
Exemption criteria: Enter criteria here or delete if not applicable
Consultant initials if exempt: Date:
4.3. Professional Liability insurance with a combined single limit, or the equivalent, of not
less than $2,000,000 (two million dollars) per occurrence. This is to cover any damage
caused by error, omission or negligent acts related to the Work to be provided under this
Agreement.
4.4. General Liability insurance with a combined single limit, or the equivalent, of not less
than $2,000,000(two million dollars) per occurrence for Bodily Injury, Death, and Property
Damage.
4.5. Automobile Liability insurance with a combined single limit, or the equivalent, of not
less than $2,000,000 (two million dollars) for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
4.6. Notice of cancellation or change. There shall be no cancellation, material change,
reduction of limits or intent not to renew the insurance coverage(s)without thirty(30)days'
prior written notice from the Consultant or its insurer(s) to the City.
4.7. Additional Insured/Certificates of Insurance. Consultant shall name the City of
Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds
on any insurance policies, excluding Professional Liability and Workers' Compensation,
required herein, but only with respect to Consultant's services to be provided under this
Agreement. The consultant's insurance is primary and non-contributory. As evidence of
the insurance coverages required by this Agreement, the Consultant shall furnish
acceptable insurance certificates prior to commencing the Work under this Agreement.
The certificate will specify all of the parties who are Additional Insureds. Insuring
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companies or entities are subject to the City's acceptance. If requested, complete copies
of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant
shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or
self-insurance.
5. Termination:
5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
of both parties.
5.2. City's Convenience. This Agreement may be terminated by City at any time upon not
less than thirty (30) days' prior written notice delivered by certified mail or in person.
5.3. For Cause. City may terminate or modify this Agreement, in whole or in part, effective
upon delivery of written notice to Consultant, or at such later date as may be established
by City under any of the following conditions:
• If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services; or
• If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the services are no longer allowable or appropriate for
purchase under this Agreement or are no longer eligible for the funding
proposed for payments authorized by this Agreement; or
• If any license or certificate required by law or regulation to be held by Consultant
to provide the services required by this Agreement is for any reason denied,
revoked, suspended, or not renewed.
5.4. For Default or Breach. Either City or Consultant may terminate this Agreement in the
event of a breach of the Agreement by the other. Prior to such termination the party
seeking termination shall give to the other party written notice of the breach and its intent
to terminate. If the party committing the breach has not entirely cured the breach within
fifteen (15) days of the date of the notice, or within such other period as the party giving
the notice may authorize in writing, then the Agreement may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
5.4.1. Default: The Consultant shall be in default of this Agreement if Consultant:
commits any material breach or default of any covenant, warranty, certification, or
obligation under the Agreement; institutes an action for relief in bankruptcy or has
instituted against it an action for insolvency; makes a general assignment for the
benefit of creditors; or ceases doing business on a regular basis of the type
identified in its obligations under the Agreement; or attempts to assign rights in, or
delegate duties under, this Agreement.
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5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant
to subsections 5.1, 5.2, or 5.3 above shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless of whether such notice
is given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 of this section, Consultant
shall immediately cease all activities under this Agreement, unless expressly
directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all documents, information, works-in-progress and other
property that are or would be deliverables had the Agreement been completed. City
shall pay Consultant for Work performed prior to the termination date if such
Work was performed in accordance with this Agreement.
5.6. The rights and remedies of City provided in this subsection are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
6. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its
officers, employees, and agents harmless from any and all losses, claims, actions, costs,
which shall include reasonable attorney fees, expenses, judgments, or other damages
resulting from injury to any person (including injury resulting in death), or damage
(including loss or destruction) to property, of whatsoever nature arising out of or
incident to the negligent performance of this Agreement by Consultant (including but
not limited to, Consultant's employees, agents, and others designated by Consultant to
perform Work or services attendant to this Agreement). However, Consultant shall not be
held responsible for any losses,which shall include reasonable attorney fees, expenses,
claims, costs, judgments, or other damages, caused solely by the gross negligence of City.
7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the City
that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS
305.620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules,
regulations, charter provisions, or ordinances that implement or enforce any of the foregoing
tax laws or provisions and any tax provisions imposed by a political subdivisions of the State
of Oregon.
8. Living Wage Requirements: If the amount of this Agreement is $27,163 or more,
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in that chapter, to all employees performing Work under this
Agreement and to any Subcontractor who performs 50% or more of the Work under this
Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"
predominantly in areas where it will be seen by all employees.
9. Notice: Whenever notice is required or permitted to be given under this Agreement, such
notice shall be given in writing to the other party by personal delivery, by sending via a
reputable commercial overnight courier, by mailing using registered or certified United States
mail, return receipt requested, postage prepaid, or by electronically confirmed at the
addresses set forth on page one of this agreement with a copy to:
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City of Ashland — Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
10. General Provisions:
10.1. Ownership of Work/Documents: All Work, work product, or other documents
produced in furtherance of this Agreement belong to the City, and any copyright, patent,
trademark proprietary or any other protected intellectual property right shall vest in and is
hereby assigned to the City.
10.2. Non-appropriations Clause - Funds Available and Authorized: City has
sufficient funds currently available and authorized for expenditure to finance the costs of
this Agreement within the City's fiscal year budget. Consultant understands and agrees
that City's payment of amounts under this Agreement attributable to Work performed
after the last day of the current fiscal year is contingent on City appropriations, or other
expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the
event City has insufficient appropriations, limitations or other expenditure authority, City
may terminate this Agreement without penalty or liability to City, effective upon the
delivery of written notice to Consultant, with no further liability to Consultant.
10.3. Statutory Requirements: The following laws of the State of Oregon are hereby
incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and
279B.235.
10.4. Nondiscrimination: Consultant agrees that no person shall, on the grounds of
race, color, religion, creed, sex, marital status, familial status or domestic partnership,
national origin, age, mental or physical disability, sexual orientation, gender identity or
source of income, suffer discrimination in the performance of any Work under this
Agreement when employed by Consultant. Consultant agrees to comply with all
applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations. Further, Consultant agrees not to discriminate against a
disadvantaged business enterprise, minority-owned business, woman-owned business,
a business that a service-disabled veteran owns or an emerging small business
enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS
279A.110.
10.5. Governing Law: This Agreement shall be governed by the laws of the State of
Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any
action arising under this Agreement shall be in the Circuit Court of the State of Oregon
for Jackson County unless exclusive jurisdiction is in federal court, in which case
exclusive venue shall be in the federal district court for the district of Oregon. Each party
expressly waives any and all rights to maintain an action under this Agreement in any
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other venue, and expressly consents that, upon motion of the other party, any case may
be dismissed, or its venue transferred, as appropriate, so as to effectuate this choice of
venue.
11. Merger: This agreement and the attached exhibits constitute the entire understanding and
agreement between the parties. No waiver, consent, modification or change of terms of this
agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the specific instance and
for the specific purpose given. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this agreement. Consultant, by signature of its
authorized representative, hereby acknowledges that he/she has read this agreement,
understands it, and agrees to be bound by its terms and conditions.
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WITNESS WHEREOF, the parties have executed this Agreement in their respective names by
their duly authorized representatives as of the dates indicated below. This Agreement may be
executed in two counterparts, each of which shall be deemed an original, with equal force and
effect as if executed in a single document.
City of Ashland: Century West Engineering Co(Consultant)
By. s� r'er'-
06/25/26 Signature
Matt MacRostie
Date
Printed Name
President
Title
Purchase Order No.
6/25/2026
Date
(W--9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
City Attorney
07/06/26
Date
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City of Ashland, Oregon
City of Ashland
LIVING
• . - . - •-. •- . . • WAGE
per hour, effective June 30, 2025.
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
• - - • - • , a project or portion of the 401K, and IRS eligible
business of their employer, if cafeteria plans (including
the employer has ten or more childcare) benefits to the
employees, and has received employee's amount of wages.
➢ For all hours worked under a financial assistance for the
service contract between their project or business from the ➢ Note: For temporary and part-
employer and the City of City of Ashland over$27,163. time employees, the Living
Ashland if the contract Wage does not apply to the
exceeds $27,163 or more. ➢ If their employer is the City of first 1040 hours worked in any
Ashland, including the Parks calendar year. For more
➢ For all hours worked in a and Recreation Department. details, please see Ashland
Municipal Code Section
month, if the employee spends ➢50%or more of the employee's In calculating the living wage, 3.12.020.
time in that month working on employers may add the value
of health care, retirement,
For additional information:
Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
- C 17 Y OF
-ASHLAND
Exhibit C
Certifications/Representations: Consultant, by and through its authorized
representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9
form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant is
not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it has
not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as
a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no
longer subject to backup withholding. Consultant further represents and warrants to City that: (a)
it has the power and authority to enter into this Agreement and perform the Work, (b) the
Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant
enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in
accordance with the highest professional standards, and (d) Consultant is qualified, professionally
competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under
penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent
contractor as defined in the Agreement, it is authorized to do business in the State of Oregon,
and Consultant has checked four or more of the following criteria that apply to its business.
J (1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private residence, set aside as the location of
the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
J (3) Telephone listing is used for the business separate from the personal residence
listing.
J (4) Labor or services are performed only pursuant to written contracts.
J (5) Labor or services are performed for two or more different persons within a period
of one year.
J (6) Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission (professional liability) insurance or liability insurance
relating to th Work or services to be provided.
Consultant's signature
6/25/2026
Date
Page 1 of 1: Exhibit C
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E N G I N E E R I N G
Scope of Work
Ashland Municipal Airport— City of Ashland
Runway and Pavement Rehabilitation and Taxilane Reconstruction Project
(Phase II — Services During Construction)
#3-41-0002- -2026
Revision 1 —April 6, 2026
GENERAL PROJECT DESCRIPTION
The Ashland Municipal Airport/Sumner Parker Field (Owner/Sponsor) is owned
and operated by the City of Ashland and is located approximately 3 miles east of
Ashland, Oregon. The City of Ashland will contract with Century West
Engineering (Consultant/Engineer) for Construction Management and Project
Closeout services related to the Runway and Pavement Rehabilitation and
Taxilane Reconstruction Project. See attached Exhibit 1 for a project overview.
The rehabilitation area for the project encompasses approximately 46,500 SY of
Runway, Taxiway and Taxilanes and reconstructs approximately 380 SY of a
Taxilane. The rehabilitation is anticipated to consist of crack and surface sealing,
as well as asphalt pavement reclamation.
The project design is complete, and bids are anticipated to open late spring
2026. Design and bidding services are included as a part of a separate
agreement and not included in this agreement.
Project Construction Scope
This scope of work details activities and work elements needed to perform
Construction Management and grant closeout services for the project. The work
will be performed under a Time and Materials (maximum not to exceed) contract.
The improvements include:
• Narrow crack repair throughout paved surfaces identified in design;
• Wide crack repair of throughout paved surfaces identified in design;
• Limited asphalt patching within taxilanes identified in design;
• Pavement marking removal and subsequent replacement;
• Surface seal of approximately 38,400 SY of Runway 12-30, Taxiway
Connectors Al-A6, and Taxilanes;
• Asphalt reclamation of approximately 8,100 SY of taxilane and publicly-
owned hangar frontage;
• Replacement of rock shoulder material; and
• Reconstruction of approximately 380 SY of Taxilane pavement
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E N G I N E E R I N G
Minor crack repair is anticipated to consist of routing, cleaning, preparation, and
sealing of narrow cracks. Minor crack repair will also consist of "heat and seal"
treatment of existing, previously sealed cracks, by heating existing crack fill
material with a heat lance and "topping off' with additional, new, crack seal
material.
Wide crack repair consists of 12"-24" wide pavement removal, centered on wide
cracks, and repaired with new pavement.
Asphalt patching will occur on a limited basis to repair a minimal area of
depressions and alligator cracking. More extensive asphalt reclamation will occur
for areas of failed pavement identified during design.
The surface seal will consist of both slurry seal and fog seal, depending on
pavement conditions determined during the design. Removal of existing pavement
markings will be performed before surface seal application if required.
Approximately 400 SY of a Taxilane has failed and requires full depth
reconstruction. The reconstruction will include the demolition of the existing
pavement section and reconstruction of a new pavement section.
The existing mineral material comprising taxilane shoulders throughout the north
taxilane area will be removed and replaced with compacted crushed aggregate.
Pavement markings will be replaced after crack, surface seal and pavement
reconstruction are complete. The project will not design new pavement markings
layout/geometry.
All work will be performed in footprints of existing pavements. The FAA has
determined that all work under this project can be considered FAA-eligible. No
Sponsor Force Account work will not be considered for this project, and any
concurrent work conducted by the Airport or its contractors will be let through a
separate agreement, distinct from the AIP-funded contract work.
Project Construction Phasing
Construction is anticipated for Summer/Fall 2026 and will be constructed in three
phases for 45 consecutive calendar days. Work Area 1 (Runway seal) requires a
5 day full runway closure and will be completed concurrent with Work Area 2
(taxilane reconstruction). Work Area 3 will be completed within 40 days.
Total contract time: 45 consecutive calendar days, plus 2 days for final striping
once 30 days have elapsed since final paving.
Project Construction Cost Estimate: Estimated construction cost is
approximately$1.4 million, utilizing FAA AIG and AIP, state, and local match funds.
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E N G I N E E R I N G
The following tasks, assumptions, exclusions, and schedule are proposed for
completion of this construction management project scope.
TASK 1 —ADMINSTRATION AND COORDINATION
1. Finalize work scope, fee estimate, and negotiate contract with the
OWNER.
2. Provide a detailed scope of work and exhibit—without costs—to
OWNER for obtaining an independent fee estimate (IFE) by a third-party
consultant.
3. Provide OWNER with Record of Negotiations documentation template.
OWNER will prepare and submit Record of Negotiations documentation
for FAA review.
4. Carry out project administration including, but not limited to monitoring
project schedule, coordination of project with the OWNER, monitoring and
reporting technical and budget issues to the OWNER, preparation of
monthly consultant invoices for submittal to the OWNER. This assumes 4
hours PM per month, with administrative support, over a 15-month period
to include formulation, construction administration, and project closeout.
5. Coordinate project team and sub-consultant (Asphalt QA Testing).
6. Provide a project schedule to the OWNER and FAA. Up to 2 revisions
are anticipated.
7. Assist the OWNER in the administration and reporting for annual FAA
reports and/or other funding programs and development of overall
program costs. Annual FAA reports are anticipated to be required for up
to two fiscal years (FY26 and FY27).
8. Prepare and submit up to 4 FAA Quarterly Performance Reports via
email to the FAA Project Manager. (FY26: Q3, Q4; FY27: Q1, Q2)
9. Prepare Strategic Event Notification forms for submittal to FAA. It is
anticipated up to 1 Strategic Event Forms will be submitted notifying the
FAA of the upcoming Runway closure work expected in Summer 2026.
10.Attend up to 2 meetings at the Airport during the duration of the contract
to provide Airport personnel and management with project updates. The
Senior Project Manager will attend the meetings.
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E N G I N E E R I N G
Task 1 Summary
Anticipated Schedule: April 2026 - June 2027 (Pending Grant Close Out)
Deliverables:
• Scope and Fee (PDF)
• IFE Spreadsheet (Excel)
• Project Schedule (PDF)
• Quarterly Performance Reports (PDF)
• Strategic Event Forms (PDF)
TASK 2 - CONSTRUCTION MANAGEMENT
1. Assist the City of Ashland as needed for the development of the final
contract with the Contractor. The OWNER is assumed to conduct this
work, with only minor clarifications for the process if needed.
2. Organize, conduct, and attend a Pre-Construction Conference. The Sr.
Project Manager and Resident Project Representative (RPR) will attend
the meeting. Prepare an agenda and meeting notes for the meeting.
3. Prepare and submit weekly inspection reports to the FAA and the
OWNER. 7 weekly reports are anticipated.
4. Provide Resident Project Representative (RPR) for full-time, on-site
observation during the project construction period. On-site activities
include observing and reviewing Contractor work for conformance with the
contract documents, making field measurements, preparation of
inspection reports, photographic documentation, addressing field
questions, monitoring construction progress, conducting wage rate
interviews, and field verification of construction quantities for pay
requests.
Activities related to this task are expected to occur over a consecutive 45
Calendar Day period. This will be followed by a consecutive two (2) day
period for final striping once 30 days have elapsed from final paving.
Century West will assign a staff member (Resident Project
Representative) to the site during construction. Full-time, on-site
inspection is assumed to include up to 60 hours per week, plus time for
up to 8 round trips from a regional Century West office for the 45 Calendar
Day period, followed by two 12 hour days for the final striping. A total of
50 days are estimated for lodging and meals during construction, as well
as rental of a site-suitable vehicle for a total duration 50 days.
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E N G I N E E R I N G
In addition to the Resident Project Representative present for the entire
project, a Project Engineer will be on site for the duration of asphalt paving
activity. It is assumed for this task that the second full-time, on-site
inspector will require up to 16 hour per working day for up to 3 days,
including 1 round trip from a regional Century West office, lodging, meals,
and rental vehicle for the duration of paving activity.
The actual amount of time for on-site observation is dependent on the
Contractor's work plan and schedule. The OWNER and Engineer agree
to adjust this level of effort, if necessary, due to a Contractor schedule that
requires more observation than the assumed allowances.
5. Provide off-site Engineering support to resolve and coordinate technical
issues beyond the capability of what can be prepared or addressed in the
field. Activities related to this task are expected to occur over a 7-week
period, with an allowance of 10 hours of Project Engineer office time per
week assumed for this effort. This task assumes time for up to 5 RFIs, 5
Field Orders, and 1 Change Order.
6. Provide Sr. Project Manager coordination of the RPR, off-site engineering
support staff, and subconsultants. The Sr. Project Manager's effort is
assumed to be performed off-site and include 4 hours per week over a 7-
week period. This includes support for tasks described in Item 5 above.
7. Conduct weekly construction coordination meetings on-site with the
Contractor and the OWNER (up to 7 anticipated). The Project Engineer
will attend all meetings on site. One of the onsite meetings will be
concurrent with paving operations. The RPR will attend the meetings. The
RPR's time for this task is included in Task 2.5 and not accounted for in
this task. Prepare an agenda and meeting minutes for each meeting.
8. Review Contractor-provided submittals.
9. Coordinate required closures and Notice(s) to Airmen ("NOTAM's") with
the OWNER, users, and tenants.
10. Prepare and confirm monthly construction payment estimates and submit
those estimates to the OWNER. Three (3) monthly pay requests are
anticipated, including a final pay estimate following punch list completion.
11.Conduct Quality Assurance (Q/A) Asphalt Testing. Provide testing
personnel and equipment necessary to perform quality assurance testing.
This effort will be performed by Carlson Testing, Inc. (Asphalt QA Testing
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E N G I N E E R I N G
sub-consultant to Century West Engineering). For budget purposes, this
effort is assumed to include:
• Attend pre-pave meeting via teleconference.
• Asphalt paving testing to FAA (P-403 specifications) requirements.
• Asphalt testing under a single mobilization of 3 days for Phase 3 work
(taxilanes). Asphalt quantity is approximately 1,500 tons.
• These assumptions form the basis for materials testing on the
project. Actual effort may vary depending on how the construction
work is phased and executed. Additional testing, if required, will be
conducted as extra work under an amendment of this scope if
necessary.
12. Conduct and document wage rate interview as needed, for the prime and
all subconsultants.
13.Conduct an inspection at substantial completion with the OWNER, and
Contractor. The Sr. Project Manager and RPR will attend.
14. Prepare punch list as necessary and submit to Contractor.
15.Conduct a final inspection once all punch list items are complete. 1 site
visit by the Sr. Project Manager and RPR is allocated.
16.Coordinate the update of Form 5010. Include updated Pavement
Classification Number (PCN) to be published.
Task 2 Summary
Anticipated Schedule: August 2026— October 2026 (assumes no over-winter
weather delay for final striping)
Deliverables:
• Weekly meeting agendas and minutes
• Pre-construction meeting agenda and meeting minutes (PDF)
• Daily and weekly observation and progress reports (PDF) to be
delivered weekly to the Port via email and include safety checklist,
photos, and wage interviews (as required).
• Request-for-Information and Change Order Documentation as
necessary (PDF)
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E N G I N E E R I N G
• Submittal review/response documentation (PDF)
• Contractor payroll record review documentation and copies of Certified
Payroll Documents (PDF)
• Contractor pay estimate quantities and backup (PDF)
• Substantial completion punch lists (PDF)
• Final Acceptance (PDF)
TASK 3 — DBE PROGRAM AND GOAL UPDATE — Only Billed if Required
1. Revise DBE Program and Goal for FY27-FY29. Subtasks include the
following:
a) Prepare Draft DBE Goal calculation for FY27-FY29, incorporating
current CIP projects anticipated at the Airport. Prepare DBE
Plan/Program documents and coordinate submittal to FAA Civil Rights.
One (1) hard copy will be mailed to the Sponsor for viewing during the
30-day public review period. The Consultant will provide a Notice of
Availability to be posted on the Sponsor's website during the Public
Review period and in the Newspaper of Record. The Sponsor will pay
the cost for advertising the Notice of Availability in the Newspaper of
Record.
b) Engineer will coordinate with minority, women's and general Contractor
groups, and community organizations who can share information on
the availability of DBEs in the area, per Department of Transportation
DBE Program — 49 CFR Part 26. Century West will coordinate with the
Business Oregon (http://www.oregon4biz.com/How-We-Can-
Help/COBID/DBE/) directory to identify potential interested DBE
general Contractor groups in the area. A conference call will be held
with a representative from Business Oregon, if available, and
interested parties, Engineer, and the Sponsor to discuss the DBE goal
calculation and process and request feedback. Comments received will
be incorporated into the Final DBE Plan.
c) Prepare Final Draft DBE Plan for FAA review. It is anticipated up to two
revisions to the Final Draft will be required incorporating FAA
comments.
Task 3 Summary
Anticipated Schedule: June 2026 — June 2027.
Deliverables:
• Draft DBE Plan and Goal (PDF)
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E N G I N E E R I N G
• Notice of Availability (Word)
• Conference Call and Comment Sheet (PDF)
• Final Draft DBE Plan and Goal (PDF)
TASK 4 — PROJECT CLOSEOUT SERVICES
1. Prepare update markups for Form 5010 information and submit to FAA.
2. Prepare a final Construction Report in accordance ANM-620-05, Standard
Handout for Final Reports available at:
https://www.faa.gov/airports/northwest mountain/engineering/construction
resources/media/standard-handout-for-final-reports.zip
Prepare project closeout documentation, including the draft final Request
for Reimbursement, draft final SF271 and SF425, and Final Report (in
accordance with 620-05: Standard Handout for Final Reports) with
appendices.
3. Assist the OWNER with the A-133 annual audit including finding appropriate
project files and answering questions, as required.
4. Provide record drawings (14 sheets) and as constructed information to
OWNER in hardcopy (11"x17") and electronic format (AutoCAD and PDF).
FAA will receive PDF copy.
5. Complete the Annual Uniform DBE Report and submit via online FAA Civil
Rights portal. Up to 2 submittals are anticipated for FY26 and FY27.
Task 4 Summary
Deliverables:
• Final Construction Report (PDF)
• Record Drawings (PDF and CAD)
• Annual Uniform DBE Report (FY26 and FY27)
Anticipated Schedule: October 2026 —April 2027
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PROJECT TITLE: ASHLAND MUNICIPAL AIRPORT-RUNWAY AND PAVEMENT REHABILITATION AND TAXILANE RECONSTRUCTION:PHASE II-CM
CLIENT: CITY OF ASHLAND
SCOPE OF WORK DATE 2026-04-06
SENIOR SENIOR RESIDENT SENIOR
PRINCIPAL PROJ PROJ PROJECT STAFF CADD PROJ.
ENGR MGR ENGR ENGR ENGR TECH FIT COORD TOTAL PROJECT
PROJECTTASK $335.00 $260.00 $200.00 $165.00 $150.00 $165.00 $135.00 $120.00 FIRS COST
PHASE II-CM AND PROJECT CLOSEOUT SERVICES
Task Tota
[Task 1-Administration and Coordination $33,390.00
1 Formulate Project and Prepare Scope of Work 2 8 $2,750.00
2 Prepare IFE Materials 4 $1,040.00
3 Assemble Record of Negotiations 2 4 $1,120.00
4 Carry out Project Administration 60 24 $18,480.00
5 Coordinate Team and Subconsultant 8 $2,080.00
6 Create and Maintain Project Schedule 4 $1,040.00
7 Assist with Annual FAA Reporting 4 $600.00
8 Submit Quarterly Performance Reports 2 6 $1,420.00
9 Submit Stiategic Event Forms 2 $400.00
10 Attend Project Management Meetings 16 2 $4,460.00
Task 2-Construction Management $145,120.00
1 Assist with Contract Development 2 6 $2,230.00
2 Organize and Conduct Pre-Construction Conference 10 14 $4,700.00
3 Prepare and Submit Weekly Inspection Reports 8 $1,200.00
4 Provide On-Site Observation 524 56 $94,860.00
5 Provide Office Support-RFIs and Change Orders 70 $10,500.00
6 Provide PM Support of RPR and Site Staff 28 $7,280.00
7 Conduct Weekly Meetings 70 $10,500.00
8 Review Submittals 4 8 $2,240.00
9 Coordinate NOTAMs 2 $300.00
10 Prepare Monthly Contractor Pay Estimates 6 $900.00
11 Provide QA Testing(inc.Sub.Services Below) See Subconsultant Fee Below
12 Conduct Wage Rate Interviews 4 $660.00
13 Conduct Substantial Completion Inspection 10 10 $4,250.00
14 Prepare and Distribute Panch List 3 $450.00
15 Conduct Final Inspection 10 10 $4,250.00
16 Update PCN for Publication 4 $800.00
Task 3-DBE Program and Goal Update-Invoice only if required $4,160.00
1 Revise DBE Program and Goal for FY27-FY29 $0.00
a Prepare Draft Goal 2 16 $2,320.00
b Conduct DBE Conference 4 $480.00
c Prepare and Submit Final Goal and Plan 2 8 $1,360.00
Task 4-Project Closeout Services $12,040.00
1 Prepare Updated Form 5010 4 $600.00
2 Prepare Final Construction Report 2 2 24 $4,520.00
3 Assist with A-133 Annual Audit 2 $400.00
4 Provide Record Drawings(14 Sheets) 2 8 24 $5,720.00
5 Complete and Submit Annual Uniform DBE Reports 4 $800.00
Labor Subtotal 4 176 26 548 305 0 0 52 0 $194,710.00
EXPENSES:
Cost Meal Ground Air Hotel R.T.
Travel: Per Unit Days Trips Trips Nights Miles Markup
Lodging $120.00 53 1.0 $6,360.00
Mileage(2026 Federal Rate) $0.725 10 376 1.0 $2,726.00
Meals $50.00 53 1.0 $2,650.00
Misc.expenses:
PHOTO COPIES $250.00
TELECOMMUNICATIONS $200.00
POSTAGE $250.00
PRINTING&PLOTTING $250.00
Sub-Consultants:
3. QA testing Subconsultant $16,500.00
Subtotal-Expenses $12,686.00
Subtotal-Subconsultants $16,500.00
Total- PHASE II-CM AND PROJECT CLOSEOUT SERVICES $223,896.00
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Contract Provision Guidelines for Obligated Sponsors and Airport Improvement
Program Projects (Issued on March 17, 2026)
Contents
CurrentChanges ........................................................................................................................................3
ContractGuidance.....................................................................................................................................4
1. Purpose of this Document......................................................................................................4
2. Sponsor Actions......................................................................................................................4
3. Typical Procurement Steps.....................................................................................................5
4. Applicability Matrix for Contract Provisions...........................................................................6
Appendix A—CONTRACT PROVISIONS ......................................................................................................9
Al ACCESS TO RECORDS AND REPORTS......................................................................................9
A2 BREACH OF CONTRACT TERMS............................................................................................10
A3 BUY AMERICAN PREFERENCE...............................................................................................11
A4 CIVIL RIGHTS-GENERAL.......................................................................................................22
A5 CIVIL RIGHTS—TITLE VI ASSURANCE....................................................................................24
A6 CLEAN AIR AND WATER POLLUTION CONTROL...................................................................33
A7 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS.........................34
A8 COPELAND "ANTI-KICKBACK" ACT........................................................................................36
A9 DAVIS-BACON REQUIREMENTS............................................................................................38
A10 DEBARMENT AND SUSPENSION...........................................................................................45
All DISADVANTAGED BUSINESS ENTERPRISE ...........................................................................47
Al2 DISTRACTED DRIVING...........................................................................................................52
A13 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES
OREQUIPMENT....................................................................................................................53
A14 DRUG FREE WORKPLACE REQUIREMENTS...........................................................................54
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 1
A15 FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) ................................55
A16 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES..........................................................56
A17 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970............................................................58
A18 PROCUREMENT OF RECOVERED MATERIALS.......................................................................59
A19 RIGHT TO INVENTIONS.........................................................................................................61
A20 SEISMIC SAFETY....................................................................................................................62
A21 TAX DELINQUENCY AND FELONY CONVICTIONS..................................................................64
A22 TERMINATION OF CONTRACT..............................................................................................67
A23 TRADE RESTRICTION CERTIFICATION ...................................................................................71
A24 VETERAN'S PREFERENCE......................................................................................................73
A25 DOMESTIC PREFERENCES FOR PROCUREMENTS.................................................................74
A26 PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)......................................75
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 2
CURRENT CHANGES
Item Changes
Provision(s)were updated to address regulatory changes impacting:
-A.7:Contract Workhours and Safety Standards Act Requirements-
Editorial updates Maximum Civil Monetary Penalty
made to the
December 29,2025 Provision updated:
version (effective -A4:Civil Rights-General
March 17,2026) -A5:Civil Rights—Title Vi Assurance
-All: Disadvantaged Business Enterprise-Applicability
Editorial updates Updates were made mainly to address:
made to the May 24, -2024 FAA Reauthorization Act provisions
2023 version -2 CFR Part 200—Uniform Administrative Requirements, Cost
(effective December Principles, and Audit Requirements for Federal Awards
29,2025) - Recently issued Executive Orders,some of which rescinded prior
Executive Orders
-A.7:Contract Workhours and Safety Standards Act Requirements-
Maximum Civil Monetary Penalty
Provisions removed are:
-A2:Affirmative Action Requirement
-A16: Equal Employment Opportunity(EEO)
-A19: Prohibition of Segregated Facilities
Title VI section updated
DBE section updated
Buy American Preference section updated
Provision added (A26): Prohibition of Covered Unmanned Aircraft
Systems(UAS)
Editorial update made The link on page 35 was updated to reflect changes to the
to the January 23, Department of Labor website.
2023 version
(effective May 24,
2023)
Editorial updates Pages 7, 16, 19,20,25,and 42 of Appendix A were edited to correct
made to the grammatical mistakes, update internal document links,and correct
November 17,2022 the name of the Title VI List of Pertinent Nondiscrimination Acts
version (effective and Authorities.
January 23,2023)
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 3
CONTRACT GUIDANCE
1. Purpose of this Document
a) The purpose of this document is to establish a convenient resource for Sponsors that
consolidates Federal contract provisions and clauses into one document that includes an
applicability matrix.This document itself does not create, revise or delete requirements for
participation in the Airport Improvement Program (AIP) and Infrastructure Investment and Jobs
Act (IIJA) grant programs. The source of requirements addressed within this document are
identified within the section for each individual clause.
b) While this document is intended to assist Sponsors with their compliance efforts, it does not
alter or modify the terms of any applicable statute or regulation, is not a substitute for
reading the regulation and the applicability matrix,and each corresponding document section,
nor does it constitute legal advice.
c) Federal laws and regulations require that a Sponsor(a recipient of federal assistance) include
specific clauses in certain contracts, solicitations, or specifications regardless of whether or not
the project is federally funded.
d) For purposes of remaining compliant with its obligations, a Sponsor must incorporate applicable
contract provisions in all its procurements and contract documents. Unless otherwise stated,
these provisions flow down to subcontracts and sub-tier agreements.
e) Terminology:
i. The term "Sponsor" is used in this document to mean either an obligated Sponsor on a
project that is not federally funded, or a Sponsor on an AIP funded project.A Sponsor is
a "recipient" of federal assistance when receiving AIP or other FAA grant funds.
ii. The term "Owner"of a public use airport is generally used in the solicitation or contract
clauses because of its common use in public contracts. An Owner becomes an obligated
Sponsor upon acceptance of the AIP grant assurances associated with current or prior
AIP grant funded projects.
iii. For purposes of determining requirements for contract provisions,the term "contract"
includes professional services, and subcontracts and supplier contracts such as purchase
orders.
iv. The term "contractor" is understood to mean a contractor, subcontractor, or
consultant; and means one who participates,through a contract or subcontract (at any
tier).
V. The term "bid" is understood to mean a bid, an offer, or a proposal.
vi. The term "applicant" means a bidder, offeror, or proposer for a contract.
2. Sponsor Actions
In general, Sponsor's actions consistent with obligations:
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 4
a) Include in its procurements the provisions that are applicable to its project.
b) Not incorporate the entire contract provisions guidelines in its solicitation or contract
documents, whether by reference or by inclusion in whole. Incorporation of this entire guidance
document creates potential for ambiguous interpretation and may lead to improper application
that unnecessarily increases price. A Sponsor that fails to properly incorporate applicable
contract clauses may place themselves at risk for audit findings or denial of Federal funding.
c) Incorporate applicable contract provisions using mandatory language as required.The
subheading entitled Applicability advises whether a particular clause or provision has mandatory
language that a Sponsor must use.
i. Mandatory Language—Whenever a clause or provision has mandatory text,the Sponsor
must incorporate the text of the provision without change, except where specific
adaptive input is necessary(e.g., such as the Sponsor's name).
ii. No Mandatory Language—For provisions without mandatory language,this guidance
provides model language acceptable to the FAA. Some Sponsors may have standard
procurement language that is equivalent to those federal provisions. In these cases,
Sponsors may use their existing standard procurement provision language provided the
text meets the intent and purpose of the Federal law or regulation.
d) Require the contractor(including all subcontractors)to insert these contract provisions in each
lower tier contract(e.g., subcontract or sub-agreement).
e) Require the contractor(including all subcontractors)to incorporate the requirements of these
contract provisions by reference for work done under any purchase orders, rental agreements,
and other agreements for supplies or services.
f) Require that the prime contractor be responsible for compliance with these contract provisions
by any subcontractor, lower-tier subcontractor, or service provider.
g) Verify that any required local or State provision does not conflict with or alter a Federal law or
regulation.
3. Typical Procurement Steps
The typical procurement steps in a project are:
1) Solicitation, Request for Bids, or Request for Proposals—This step is also called the
Advertisement or Notice to Bidders.
2) Bidding or Accepting Proposals— In this stage,the bidders receive a complete set of the
procurement documents, also known as the project manual. The project manual will typically
include a copy of the solicitation, instructions-to-bidders, bid forms, certifications and
representations,general provisions, contract conditions, copy of contract, project drawings,
technical specifications, and related project documents.
3) Bid/Proposal Evaluation—Period when Sponsor tabulates, reviews, and evaluates all proposals
for bid responsiveness and bidder responsibility.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 5
4) Award—Point when the Sponsor formally awards the contract to the successful bidder.
5) Execution of Contract—Point at which the Sponsor formally enters into a legally binding
agreement with bidder to perform services or provide goods.
4. Applicability Matrix for Contract Provisions
Table 1 Matrix summarizes the applicability of contract provisions based upon the type of contract or
agreement. The dollar threshold represents the value at which, when equal to or exceeded,the Sponsor
must incorporate the provision in the contract or agreement.
Supplemental information addressing applicability and use for each provision is located in Appendix A.
Appendix A and the Matrix include notes indicating when the Sponsor may incorporate references in the
solicitation in lieu of including the entire text.
Sponsors are responsible for reviewing both the Matrix and each corresponding section to determine
applicability of specific contract provisions.
Meaning of cell values in table below:
• Info—Sponsor has discretion on whether to include clause in its contracts.
• Limited—Provision with limited applicability depending on circumstances of the procurement.
• n/a—Provision that is not applicable for that procurement type.
• NIS—Provision that does not need to be included or referenced in the solicitation document
• REF—Provision to be incorporated into the solicitation by reference.
• REQD—Provision the Sponsor must incorporate into procurement documents.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 6
Table 1—Applicability of Provisions
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Provisions/Clauses ^ a` u
Access to Records and Reports $0 NIS READ READ READ READ n/a
Breach of Contract $350,000 NIS READ READ READ READ n/a
Buy American Preferences $0 REF Limited READ READ Limited n/a
(1)Buy American Statement $0 NIS Limited READ READ Limited n/a
(2)Construction $0 NIS Limited READ READ Limited n/a
(3)Equipment/Building Projects $0 NIS Limited READ READ Limited n/a
Civil Rights—General $0 NIS READ READ READ READ READ
Civil Rights-Title VI Assurances $0 REF READ READ READ READ READ
(1)Notice-Solicitation $0 READ READ READ READ READ READ
(2)Clause-Contracts $0 NIS READ READ READ READ READ
(3)Clause—Transfer of U.S.Property $0 NIS n/a n/a n/a Limited READ
(4)Clause—Transfer of Real Property $0 NIS n/a n/a n/a REQD READ
(5)Clause-Construct/Use/Access to $0 NIS n/a n/a n/a REQD REQD
Real Property
(6)List—Pertinent Authorities $0 NIS REQD REQD REQD REQD REQD
Clean Air/Water Pollution Control $150,000 NIS REQD REQD REQD REQD n/a
Contract Work Hours and Safety Standards $100,000 NIS Limited REQD Limited Limited n/a
Copeland Anti-Kickback $2,000 NIS Limited REQD Limited Limited n/a
Davis Bacon Requirements $2,000 REF Limited REQD Limited Limited n/a
Debarment and Suspension $25,000 REF REQD REQD REQD Limited n/a
Disadvantaged Business Enterprise $01 REQD REQD REQD REQD REQD n/a
Distracted Driving $15,000 NIS REQD REQD REQD REQD n/a
Domestic Preferences for Procurements $0 NIS REQD REQD REQD REQD Info
Federal Fair Labor Standards Act $0 REQD REQD REQD REQD REQD Info
Foreign Trade Restriction $0 REQD REQD REQD REQD REQD n/a
Lobbying Federal Employees $100,000 REF REQD REQD REQD REQD n/a
Occupational Safety and Health Act $0 NIS REQD REQD REQD REQD Info
Prohibition on Certain Telecommunications $0 NIS REQD REQD REQD REQD Info
and Video Surveillance Services or
Equipment
Prohibition of Covered Unmanned Aircraft $0 REQD REQD REQD REQD REQD n/a
Systems(UAS)
Recovered Materials $10,000 REF Limited REQD REQD Limited n/a
Right to Inventions $0 NIS Limited Limited Limited n/a I n/a
Seismic Safety $0 NIS Limited Limited Limited n/a n/a
Tax Delinquency and Felony Conviction $0 NIS REQD REQD REQD REQD n/a
Termination of Contract $10,000 NIS REQD REQD REQD REQD n/a
Veteran's Preference $0 NIS REQD REQD REQD REQD n/a
Airport Concessions Notes:
1 Under 49 CFR§§26.13(b)and 26.21,any sponsor with more than$250,000 in total contracting opportunities in 1
year must incorporate required language in each contract, regardless of the particular contract's dollar value.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 7
1. Language relative to solicitation for airport concessions does not need to be included in AIP funded
solicitations, since in no case are concessions activities funded with federal funds.
2. Sponsors must include the appropriate Civil Rights—Title VI language in their solicitation notices
when they seek proposals for concessions, and in the resulting contracts.
3. For concessions agreements, use the column for Non-AIP contracts. See 49 CFR Part 23 for
definitions, requirements, and clauses related to concessions and the Airport Concessions
Disadvantaged Business Enterprise (ACDBE) program.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 8
APPENDIX A - CONTRACT PROVISIONS
Al ACCESS TO RECORDS AND REPORTS
A1.1 SOURCE
2 CFR§ 200.334
2 CFR§ 200.337
FAA Order 5100.38
A1.2 APPLICABILITY
2 CFR§ 200.334 requires a Sponsor to retain records pertinent to a Federal award for a period of three
years from submission of final closure documents. 2 CFR § 200.337 establishes that Sponsors must
provide Federal entities the right to access records pertinent to the Federal award. FAA policy applies
these requirements to the Sponsor's contracts and subcontracts of AIP funded projects.
Contract Types—The Sponsor must include this provision in all contracts and subcontracts of AIP funded
projects.
Use of Provision— No mandatory language provided. The following language is acceptable to the FAA
with meeting the intent of this requirement. If the Sponsor prefers to use different language,the
Sponsor's language must fully satisfy the requirements of 2 CFR§§ 200.334 and 200.337.
A1.3 MODEL CONTRACT CLAUSE
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system.The Contractor agrees to provide
the Owner,the Federal Aviation Administration and the Comptroller General of the United States or
any of their duly authorized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions.The Contractor agrees to maintain all books, records and
reports required under this contract for a period of not less than three years after final payment is
made and all pending matters are closed.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 9
A2 BREACH OF CONTRACT TERMS
A2.1 SOURCE
2 CFR Part 200, Appendix II(A)
A2.2 APPLICABILITY
This provision requires Sponsors to incorporate administrative, contractual or legal remedies in the
event that a contractor violates or breaches contract terms.The Sponsor must also include appropriate
sanctions and penalties.
Contract Types—This provision is required for all contracts that exceed the simplified acquisition
threshold as stated in 2 CFR Part 200, Appendix II (A).This threshold is occasionally adjusted for inflation
and is $350,000.
Use of Provision— No mandatory language provided. The following language is acceptable to the FAA as
meeting the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 2 CFR Part 200. Select either"contractor" or"consultant" as
applicable.
A2.3 MODEL CONTRACT CLAUSE
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the [Contractor / Consultant] or its
subcontractors may result in the suspension or termination of this contract or such other action that
may be necessary to enforce the rights of the parties of this agreement.
Owner will provide [Contractor / Consultant] written notice that describes the nature of the breach
and corrective actions the [Contractor / Consultant] must undertake in order to avoid termination of
the contract. Owner reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the Owner elects to terminate the contract.The Owner's notice will
identify a specific date by which the [Contractor / Consultant] must correct the breach. Owner may
proceed with termination of the contract if the [Contractor / Consultant] fails to correct the breach by
the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies
otherwise imposed or available by law.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 10
A3 BUY AMERICAN PREFERENCE
A3.1 SOURCE
Title 49 U.S.C. §50101
Executive Order 14005, Ensuring the Future is Mode in All of Americo by All of Americo's Workers
Infrastructure Investment and Jobs Act(IIJA) (P.L. No. 117-58), Build America, Buy America (BABA)
A3.2 APPLICABILITY
The Buy American Preference incorporates statutory requirements and policies outlined in the in 49
U.S.C. § 50101, Executive Order 14005, and BABA.
Section 50101 of 49 U.S.C. requires that all steel and manufactured goods used on AIP projects be
produced in the United States. This section also gives the FAA the ability to issue a waiver to a Sponsor
to use non-domestic material on an AIP funded project subject to meeting certain conditions. A Sponsor
may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA
finds that:
1) Applying the provision is not in the public interest.
2) The steel or manufactured goods are not available in sufficient quantity or quality in the United
States.
3) The cost of components and subcomponents produced in the United States is more than
60 percent of the total components of a facility or equipment procured, and final assembly has
taken place in the United States. Items that have an FAA standard specification item number
(such as specific airport lighting equipment) are considered the equipment.
4) Applying this provision would increase the cost of the overall project by more than 25 percent.
Executive Order 14005 advances the Administration's priority to use terms and conditions of Federal
financial assistance awards to maximize the use of goods, products, and materials produced in, and
services offered in,the United States.The Order directs,to the extent appropriate and consistent with
applicable law, agencies shall partner with the Hollings Manufacturing Extension Partnership (MEP)to
conduct supplier scouting in order to identify American companies that are able to produce goods,
products, and materials in the United States that meet Federal procurement needs, prior to
consideration of using non-domestic products.
The Infrastructure Investment and Jobs Act (IIJA), Build America, Buy America (BABA)Act strengthens
Made in America Laws and bolsters America's industrial base, protects national security, and supports
high-paying jobs. Under BABA, iron, steel and certain construction materials are required to be 100%
produced in the United States.
Under the Infrastructure Investment and Jobs Act (IIJA) (P. L. No. 117-58), BABA three waivers are
available for iron and steel, manufactured products, and construction materials when a Federal agency
finds that—
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Issued on March 17, 2026 Page 11
1) Applying the domestic content procurement preference would be inconsistent with the public
interest (a "public interest waiver");
2) Types of iron, steel, manufactured products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities or of a satisfactory quality (a
"nonavailability waiver"); or
3) The inclusion of iron, steel, manufactured products, or construction materials produced in the
United States will increase the cost of the overall project by more than 25 percent (an
"unreasonable cost waiver").
BABA defines construction materials, items that are or consists primarily of non-ferrous metals, plastic
and polymer-based products (including polyvinylchloride, composite building materials, and polymers
used in fiber optic cables),glass (including optic glass), lumber or drywall.
Items that consist of two or more of the aforementioned materials that have been combined through a
manufacturing process, and items that include at least one of the listed materials combined with a
material that is not listed through a manufacturing process should be treated as manufactured products,
rather than as construction materials. For example, a plastic framed sliding window should be treated as
a manufactured product while plate glass should be treated as a construction material.
The Buy America Preference requirements flow down from the Sponsor to first tier contractors,who are
responsible for ensuring that lower tier contractors and subcontractors are also in compliance.
Note:The Buy American Preference does not apply to temporary equipment a contractor uses as a tool
of its trade, and which does not remain as part of the project.
Note: Section 768 of the FAA Reauthorization Act of 2024 (Public Law 118-63), which became effective
on May 16, 2024, establishes specific requirements for the procurement of certain rolling stock using
FAA grant funds.The provision prohibits airports from using Federal financial assistance to procure
buses or rail car vehicles rolling stock from covered entities.
Required Documentation
The FAA Buy American Requests. All applications (requests)for an FAA Buy American Preference
Waiver includes, at minimum, a completed Content Percentage Worksheet and Final Assembly
Questionnaire. Additional information may be requested from the applicant by the FAA. Airport
Sponsors, consultants, construction contractors, or equipment manufacturers are responsible for
completing and submitting waiver applications.The FAA is unable to make a determination on waiver
requests with incomplete information. Sponsors must confirm with the bidder or offeror to assess the
adequacy of the waiver request and associated information prior to forwarding a waiver request to the
FAA for action. All FAA waivers forms are available from the FAA Buy American Requirements webpage.
Proprietary Confidentiality. Exemption 4 of the Freedom of Information Act protects "trade secrets and
commercial or financial information obtained from a person [that is] privileged or confidential.
Proprietary manufacturing and design information submitted to the Federal Aviation Administration for
the purposes of receiving a Buy American Waiver shall not be disclosed outside the FAA.The FAA will
provide a written notification to the Airport Sponsor, manufacturer(s), contractor(s) or supplier(s)when
a waiver determination is complete.
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Timing of Waiver Requests. Sponsors desiring a Type 2 waiver should submit their waiver request,with
justification, before issuing a solicitation for bids or a request for proposal for a project.
The Sponsor must submit a Type 2,Type 3, or Type 4 waiver request priorto executing the contract.
The FAA will generally not consider waiver requests after execution of the contract except where
extraordinary and extenuating circumstances exist.
The Buy American Notice of Determination (NOD) Process. The FAA Reauthorization Act of 2024
requires that all approved waivers must be posted to the FAA's website and remain posted for public
comment for 10 days, before becoming effective. All FAA waivers must complete the NOD process.
Sponsors are encouraged to wait until approved waivers become effective before executing AIP
projects.
Buy American Conformance Lists. The FAA Office of Airports maintains listings of projects and products
that have received a waiver from the Buy American Preference requirements for project specific and
nationwide use. Each of these conformance lists is available online at
www.faa.gov/airports/aip/buy american/. Products listed on the FAA Nationwide Buy American
Conformance list do not require additional submittal of domestic content information. Nationwide
waivers expire five years from the date issued, unless revoked earlier by the FAA.
Facility Waiver Requests. For construction of a facility,the Sponsor may submit the waiver request
after bid opening, but prior to contract execution. Examples of facility construction include terminal
buildings,terminal renovation, and snow removal equipment buildings.
Contract Types—
Construction and Equipment—The Sponsor must meet the Buy American Preference
requirements of 49 USC§50101 and BABA for all AIP funded projects that require materials that
are or consists primarily of iron, steel or manufactured goods and construction materials.
Professional Services—Professional service agreements (PSAs) do not normally result in a
deliverable that meets the definition of a manufactured product. However,the emergence of
various project delivery methods has created situations where task deliverables under a PSA
may include a manufactured product. If a PSA includes providing a manufactured good as a
deliverable under the contract,the Sponsor must include the Buy American Preference
provision in the agreement.
Property—Most land transactions do not involve acquiring a manufactured product. However,
under certain circumstances, a property acquisition project could result in the installation of a
manufactured product. For example,the installation of property fencing, gates, doors and locks,
etc. represent manufactured products acquired under an AIP funded land project that must
comply with Buy American Preferences.
Use of Provisions— No mandatory language provided. The following language is acceptable to the FAA
and meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's revised
language must fully comply with 49 U.S.C. §50101 and BABA.
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There are two types of FAA Buy American certifications. The Sponsor must incorporate the appropriate
certifications of compliance with FAA Buy American Preference in the solicitation:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield
surfaces such as on runways,taxiways,taxilanes, aprons, roadways, parking lots, etc.—Insert
the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as
snow removal equipment, navigational aids, wind cones, and the construction of buildings such
as hangars,terminal development, lighting vaults, aircraft rescue&firefighting buildings, etc. -
Insert the Certificate of Compliance with FAA Buy American Preference Based on
Equipment/Building Projects.
A3.3 MODEL SOLICITATION CLAUSES
A3.3.1 Certification of Compliance with FAA Buy American
Preference Statement
FAA BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 U.S.C. §50101, BABA and other
related Made in America Laws,' U.S. statutes, guidance, and FAA policies,which provide that Federal
funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects
are produced in the United States, unless the Federal Aviation Administration has issued a waiver for
the product;the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition
Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA's Buy
American Preference, BABA and Made in America laws included herein with their bid or offer.The
Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed
certification of compliance with FAA's Buy American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or
supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious
materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are
or consist primarily of: non-ferrous metals; plastic and polymer-based products (including
polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); glass
(including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
'Per Executive Order 14005 "Made in America Laws"means all statutes,regulations,rules, and Executive Orders
relating to federal financial assistance awards or federal procurement, including those that refer to"Buy America"or
"Buy American,"that require,or provide a preference for,the purchase or acquisition of goods,products, or
materials produced in the United States, including iron, steel, and manufactured products offered in the United
States.
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The bidder or offeror certifies procurement of certain rolling stock using FAA grant funds will prohibit
airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from
covered entities.
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Issued on March 17, 2026 Page 15
A3.3.2 Certification of Compliance with FAA Buy
American Preference — Construction Projects
As a matter of bid responsiveness,the bidder or offeror must complete, sign, date, and submit this
certification statement with its proposal. The bidder or offeror must indicate how it intends to comply
with 49 U.S.C. § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and
FAA policies, by selecting one of the following certification statements. These statements are mutually
exclusive. Bidder must select one or the other(i.e., not both) by inserting a checkmark(u) or the letter
❑ Bidder or offeror hereby certifies that it will comply with 49 U.S.C. §50101, BABA and other
related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing iron, steel and manufactured products produced in the United States;
b) Only installing construction materials defined as: an article, material, or supply—other
than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding
agents or additives that are or consist primarily of non-ferrous metals; plastic and
polymer-based products (including polyvinylchloride, composite building materials, and
polymers used in fiber optic cables); glass (including optic glass); lumber or drywall that
have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration (FAA)
has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy
American Waivers Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement,the bidder or offeror agrees:
a) To provide to the Airport Sponsor or the FAA evidence that documents the source and
origin of the iron, steel, and/or manufactured product.
b) To faithfully comply with providing U.S. domestic products.
c) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
d) Certify that all construction materials used in the project are manufactured in the U.S.
❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American
Preferences of 49 U.S.C. §50101(a) but may qualify for a Type 3 or Type 4 waiver under 49 USC
§ 50101(b). By selecting this certification statement,the apparent bidder or offeror with the
apparent low bid agrees:
a) To the submit to the Airport Sponsor or FAA within 15 calendar days of being selected as
the responsive bidder, a formal waiver request and required documentation that
supports the type of waiver being requested.
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b) That failure to submit the required documentation within the specified timeframe is
cause for a non-responsive determination that may result in rejection of the proposal.
c) To faithfully comply with providing U.S. domestic products at or above the approved
U.S. domestic content percentage as approved by the FAA.
d) To furnish U.S. domestic product for any waiver request that the FAA rejects.
e) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 2 Waiver (Nonavailability) -The iron, steel, manufactured goods or construction materials or
manufactured goods are not available in sufficient quantity or quality in the United States.The
required documentation for the Nonavailability waiver is
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire
b) Record of thorough market research, consideration where appropriate of qualifying alternate
items, products, or materials including;
c) A description of the market research activities and methods used to identify domestically
manufactured items capable of satisfying the requirement, including the timing of the research
and conclusions reached on the availability of sources.
Type 3 Waiver—The cost of components and subcomponents produced in the United States is more
than 60 percent of the cost of all components and subcomponents of the "facility/project."The
required documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic
content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing
and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown
origin must be considered as non-domestic products in their entirety).
c) Cost of non-domestic components and subcomponents, excluding labor costs associated with
final assembly and installation at project location.
d) Percentage of non-domestic component and subcomponent cost as compared to total "facility"
component and subcomponent costs, excluding labor costs associated with final assembly and
installation at project location.
Type 4 Waiver(Unreasonable Costs) -Applying this provision for iron, steel, manufactured goods or
construction materials would increase the cost of the overall project by more than 25 percent.The
required documentation for this waiver is:
a) A completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bids and/or offers;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005,
indicates that no domestic source exists for the project and/or component;
d) Completed waiver applications for each comparable bid and/or offer.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 17
False Statements: Per 49 USC§47126,this certification concerns a matter within the jurisdiction of the
Federal Aviation Administration and the making of a false,fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code.
Date Signature
Company Name Title
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 18
A3.3.3 Certification of Compliance with FAA Buy
American Preference — Equipment/Building
Projects
As a matter of bid responsiveness,the bidder or offeror must complete, sign, date, and submit this
certification statement with their proposal. The bidder or offeror must indicate how they intend to
comply with 49 U.S.C. §50101, and other Made in America Laws, U.S. statutes, guidance, and FAA
policies by selecting one on the following certification statements. These statements are mutually
exclusive. Bidder must select one or the other(not both) by inserting a checkmark (u) or the letter"X".
❑ Bidder or offeror hereby certifies that it will comply with 49 U.S.C. §50101, BABA and other
related U.S. statutes, guidance, and policies of the FAA by:
a) Only installing steel and manufactured products produced in the United States;
b) Only installing construction materials defined as: an article, material, or supply—other
than an item of primarily iron or steel; a manufactured product; cement and
cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding
agents or additives that are or consist primarily of non-ferrous metals; plastic and
polymer-based products (including polyvinylchloride, composite building materials,
and polymers used in fiber optic cables); glass (including optic glass); lumber or drywall
that have been manufactured in the United States.
c) Installing manufactured products for which the Federal Aviation Administration (FAA)
has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy
American Waivers Issued listing; or
d) Installing products listed as an Excepted Article, Material or Supply in Federal
Acquisition Regulation Subpart 25.108.
By selecting this certification statement,the bidder or offeror agrees:
a) To provide to the Airport Sponsor or FAA evidence that documents the source and
origin of the steel and manufactured product.
b) To faithfully comply with providing U.S. domestic product.
c) To furnish U.S. domestic product for any waiver request that the FAA rejects.
d) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American
Preferences of 49 U.S.C. §50101(a) but may qualify for a Type 3 waiver under 49 U.S.C. §
50101(b). By selecting this certification statement,the apparent bidder or offeror with the
apparent low bid agrees:
a) To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as
the responsive bidder, a formal waiver request and required documentation that
supports the type of waiver being requested.
b) That failure to submit the required documentation within the specified timeframe is
cause for a non-responsive determination that may result in rejection of the proposal.
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Issued on March 17, 2026 Page 19
c) To faithfully comply with providing U.S. domestic products at or above the approved
U.S. domestic content percentage as approved by the FAA.
d) To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 2 Waiver(Nonavailability) -The iron, steel, manufactured goods or construction materials are
not available in sufficient quantity or quality in the United States.The required documentation for the
Nonavailability waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire
b) Record of thorough market research, consideration where appropriate of qualifying
alternate items, products, or materials including;
c) A description of the market research activities and methods used to identify
domestically manufactured items capable of satisfying the requirement, including the
timing of the research and conclusions reached on the availability of sources.
Type 3 Waiver—The cost of the item components and subcomponents produced in the United States
is more that 60 percent of the cost of all components and subcomponents of the "item".The required
documentation for a Type 3 waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire including;
b) Listing of all product components and subcomponents that are not comprised of 100
percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal Acquisition
Regulation Subpart 25.108 (products of unknown origin must be considered as non-
domestic products in their entirety).
c) Cost of non-domestic components and subcomponents, excluding labor costs associated
with final assembly at place of manufacture.
d) Percentage of non-domestic component and subcomponent cost as compared to total
"item" component and subcomponent costs, excluding labor costs associated with final
assembly at place of manufacture.
Type 4 Waiver(Unreasonable Costs) -Applying this provision for iron, steel, manufactured goods or
construction materials, would increase the cost of the overall project by more than 25 percent.The
required documentation for this waiver is:
a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from
b) At minimum two comparable equal bidders and/or offerors;
c) Receipt or record that demonstrates that supplier scouting called for in Executive Order
14005, indicates that no domestic source exists for the project and/or component;
d) Completed waiver applications for each comparable bid and/or offer.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 20
False Statements: Per 49 U.S.C. §47126,this certification concerns a matter within the jurisdiction of
the Federal Aviation Administration and the making of a false,fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code.
Date Signature
Company Name Title
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 21
A4 CIVIL RIGHTS - GENERAL
A4.1 SOURCE
49 U.S.C. §47123
A4.2 APPLICABILITY
There are two separate civil rights provisions that apply to projects:
1. FAA General Civil Rights Provision and,
2. Title VI provisions,which are addressed in Appendix A5.
Contract Types—The General Civil Rights Provisions found in 49 U.S.C. §47123, derived from the Airport
and Airway Improvement Act of 1982, Section 520, apply to all Sponsor contracts regardless of funding
source.
Use of Provision— MANDATORY TEXT. Each contract must include two civil rights provisions.The first
general clause must be included in all contracts, lease agreements, or transfer agreements. An
additional specific provision must be included;the applicable text is based on whether the contract is a
general contract or whether the contract is a lease or transfer agreement.The Sponsor must incorporate
the text of the General Clause and the appropriate Specific Clause without modification into the
contract, lease, or transfer agreement.
The required clauses for each type of contact are summarized in the table below:
Contract Clause The Sponsor must include the contract Clause Text is
clause in: Included in
Paragraph
General Clause that is used for all Every contract or agreement regardless of A4.3.1
contracts, lease agreements and funding source.
transfer agreements
Specific Clause that is used for This applies to all contracts that do not A4.3.2
general contract agreements involve property agreements. It applies to
all contracts not covered by A5.3.3
regardless of funding source.
Specific Clause that is used for lease This applies to all property agreements A4.3.3
agreements and transfer agreements such leases of concession space in a
terminal and leases where a physical
portion of the airport is transferred for
use. It applies to all contracts not covered
by A5.3.2 regardless of funding source.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 22
A4.3 MANDATORY CONTRACT CLAUSES
A4.3.1 General Clause that is used for Contracts, Lease
Agreements, and Transfer Agreements
GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program,the Contractor agrees to comply with
pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent
Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color,
national origin, creed, sex, age, or disability be excluded from participating in any activity conducted
with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
A4.3.2 Specific Clause that is used for General Contract
Agreements
The above provision binds the Contractor and subcontractors from the bid solicitation period through
the completion of the contract.
A4.3.3 Specific Clause that is used for Lease Agreements
or Transfer Agreements
If the Contractor transfers its obligation to another,the transferee is obligated in the same manner as
the Contractor.
The above provision obligates the Contractor for the period during which the property is owned, used
or possessed by the Contractor and the airport remains obligated to the Federal Aviation
Administration.
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A5 CIVIL RIGHTS — TITLE VI ASSURANCE
A5.1 SOURCE
49 U.S.C. §47123
FAA Order 1400.11
A5.2 APPLICABILITY
Title VI of the Civil Rights Act of 1964, as amended, (Title VI) prohibits discrimination on the grounds of
race, color, or national origin under any program or activity receiving Federal financial assistance.
Sponsors must include appropriate clauses from the Standard DOT Title VI Assurances in all contracts
and solicitations.
The text of each individual clause comes from the U.S. Department of Transportation Order DOT 1050.2,
Standard Title VI Assurances and Nondiscrimination Provisions, effective April 24, 2013. These
assurances require that the Recipient(the Sponsor) insert the appropriate clauses in the form provided
by the DOT. Where the clause refers to the applicable activity, project, or program, it means the AIP
project.
The clauses are as follows:
A5.2.1 Applicability of Title VI Solicitation Notice
Contract Clause The Sponsor must include the contract Clause Text is
clause in: Included in
Paragraph
Title VI Solicitation Notice— 1) All AIP funded solicitations for bids, A5.3.1
• Assurance 2 of the DOT requests for proposals, or any work
Standard Title VI Assurances subject to Title VI regulations
and Nondiscrimination regardless of funding source; and
Clauses 2) All Sponsor proposals for negotiated
agreements regardless of funding
• Assurance 30(d) of the source.
Airport Sponsors Assurances
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Issued on March 17, 2026 Page 24
Contract Clause The Sponsor must include the contract Clause Text is
clause in: Included in
Paragraph
Title VI List of Pertinent Insert this list in every contract or A5.4.1
Nondiscrimination Acts and agreement, unless the Sponsor has List must be
Authorities determined, and the FAA concurs,that the included in all
• Assurance 3 of the DOT contract or agreement is not subject to applicable
Standard Title VI Assurances the Nondiscrimination Acts and contracts.
and Nondiscrimination
Authorities,which is a rare occurrence.
Clauses This list can only be omitted if the FAA
has determined that the contractor or
• Assurance 30(e)(2) of the company is already subject to
Airport Sponsor Assurances substantively identical nondiscrimination
requirements.
Title VI Clauses for Compliance with Insert this clause in every contract or A5.4.2
Nondiscrimination Requirements agreement, unless the Sponsor has Clause must be
• Assurance 3 of the DOT determined, and the FAA concurs,that the included in all
Standard Title VI Assurances contract or agreement is not subject to applicable
the Nondiscrimination Acts and
and Nondiscrimination contracts.
Clauses Authorities,which is a rare occurrence.
Assurance 30(e)(1) of the Airport It has been determined that service
Sponsor Assurances contracts with utility companies that are
not already subject to substantively
identical nondiscrimination requirements
must include this clause.
Title VI Required Clause for Property As a covenant running with the land, in A5.4.3
Interests Transferred from the any deed from the United States effecting
United States or recording a transfer of real property,
• Assurance 4 of the DOT structures, use, or improvements thereon
Standard Title VI Assurances or interest therein to a Sponsor.
and Nondiscrimination This is a rare occurrence, and it will be the
Clauses responsibility of the United States
• Assurance 30e.3 of the government to include the clause in the
Airport Sponsor Assurances contract.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 25
Contract Clause The Sponsor must include the contract Clause Text is
clause in: Included in
Paragraph
Title VI Required Clause for Transfer As a covenant running with the land, in A5.4.4
of Real Property Acquired or any future deeds, leases, licenses, permits,
Improved Under the Activity, Facility or similar instruments entered into by the
or Program— Sponsor with other parties for all transfers
• Assurance 5 of the DOT of real property acquired or improved
Standard Title VI Assurances under Airport Improvement Program
and Nondiscrimination This applies to agreements such as leases
Clauses where a physical portion of the airport is
transferred for use,for example a fuel
• Assurance 30(e)(4)(a) of the farm, apron space, or a parking facility. It
Airport Sponsor Assurances applies to agreements not covered by
A5.4.4.
Clause for Construction/Use/Access In any future (deeds, leases, licenses, A5.4.5
to Real Property Acquired Under the permits, or similar instruments) entered
Activity, Facility or Program into by the Sponsor with other parties for
• Assurance 6 of the DOT the construction or use of, or access to,
Standard Title VI Assurances space on, over, or under real property
and Nondiscrimination
acquired or improved under Airport
Clauses Improvement Program
• Assurance 30(e)(4)(b) of the This applies to agreements such as leases
Airport Sponsor Assurances of concession space in a terminal not
covered by A5.4.3.
A5.3 MANDATORY SOLICITATION CLAUSE
The Sponsor must include this clause in:
1) All AIP funded solicitations for bids, requests for proposals, or any work subject to Title VI
regulations regardless of funding source; and
2) All Sponsor proposals for negotiated agreements regardless of funding source.
A5.3.1 Title VI Solicitation Notice
Title VI Solicitation Notice:
The (Title of Recipient), in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78
Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR§50.3, and 49 CFR Part 21, hereby notifies all bidders
that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all
contractors will be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of the owner's race, color, national origin, sex, creed, age, or
disability in consideration for an award.
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Issued on March 17, 2026 Page 26
A5.4 MANDATORY CONTRACT CLAUSES
A5.4.1 Title VI List of Pertinent Nondiscrimination Acts
and Authorities
Insert this list in every contract or agreement, unless the Sponsor has determined and the FAA concurs,
that the contract or agreement is not subject to the Nondiscrimination Acts and Authorities. This list can
be omitted if the FAA has determined that the contractor or company is already subject to
nondiscrimination requirements, which is a rare occurrence.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the Contractor,for itself, its assignees, and successors in
interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR Part 21 (Non-discrimination in Federally-Assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments
thereto;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of
Disability in Programs or Activities Receiving Federal Financial Assistance);
• The Age Discrimination Act of 1975, as amended (42 .U.S.C. §6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 U.S.C. §47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (P.L. 100-259) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities"to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors,whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq) (prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities) as
implemented by U.S. Department of Transportation regulations at 49 CFR Parts 37 and 38;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681, et seq).
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 27
A5.4.2 Nondiscrimination Requirements/Title VI Clauses
for Compliance
The Sponsor must include this contract clause in:
1) Every contract or agreement (unless the Sponsor has determined, and the FAA concurs,
that the contract or agreement is not subject to the Nondiscrimination Acts and
Authorities); and
2) Service contracts with utility companies that are not already subject to substantively
identical nondiscrimination requirements.
3) Other types of contracts with utility companies involving property covered by A5.4.2,
A5.4.3, or A5.4.4.
Compliance with Nondiscrimination Requirements:
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(hereinafter includes consultants)will comply
with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be
amended from time to time, 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, will not discriminate on the grounds of race, color, national origin), creed, sex, age,
or disability in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor will not participate directly or indirectly
in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including
employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR part 21 including amendments thereto.
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 will be notified by the Contractor of the
contractor's obligations under this contract and the Nondiscrimination Acts and Authorities
on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts,the Regulations, and directives issued pursuant thereto and will 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 to be pertinent to
ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any information required of a contractor is in the exclusive possession of another
who fails or refuses to furnish the information,the Contractor will so certify to the Sponsor
or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract,the Sponsor will impose such contract sanctions as
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 28
it or the Federal Aviation Administration may determine to be appropriate, including, but
not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling,terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions:The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts,the Regulations, and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided,that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction,the Contractor may request the Sponsor to enter into any litigation to protect the
interests of the Sponsor. In addition,the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
A5.4.3 Title VI Clauses for Deeds Transferring United
States Property
This is a rare occurrence, and it will be the responsibility of the United States government to include the
clause in the contract. It will be included as a covenant running with the land, in any deed from the
United States effecting or recording a transfer of real property, structures, use, or improvements
thereon or interest therein to a Sponsor.
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to
the provisions of the Airport Improvement Program grant assurances:
NOW,THEREFORE,the Federal Aviation Administration as authorized by law and upon the condition
that the (Title of Sponsor)will accept title to the lands and maintain the project constructed thereon in
accordance with (Name of Appropriate Legislative Authority),for the (Airport Improvement Program
or other program for which land is transferred), and the policies and procedures prescribed by the
Federal Aviation Administration of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted
programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252;42 USC§§ 2000d to 2000d-4), does hereby remise,
release, quitclaim and convey unto the (Title of Sponsor) all the right,title and interest of the U.S.
Department of Transportation/Federal Aviation Administration in and to said lands described in
(Exhibit A attached hereto or other exhibit describing the transferred property)and made a part
hereof.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 29
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto (Title of Sponsor) and its successors
forever, subject, however,to the covenants, conditions, restrictions and reservations herein contained
as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits and will be binding on the (Title of Sponsor), its successors
and assigns.
The (Title of Sponsor), in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
that (1) no person will on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2)that the (Title of
Sponsor)will use the lands and interests in lands and interests in lands so conveyed, in compliance
with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3)that in the event
of breach of any of the above-mentioned nondiscrimination conditions,the Department will have a
right to enter or re-enter said lands and facilities on said land, and that above described land and
facilities will thereon revert to and vest in and become the absolute property of the Federal Aviation
Administration and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
A5.4.4 Title VI Clauses for Transfer of Real Property
Acquired or Improved Under the Activity, Facility,
or Program
This applies to agreements such as leases where a physical portion of the airport is transferred for
use—for example a fuel farm, apron space, or a parking facility—and will be included as a covenant
running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into
by the Sponsor with other parties for all transfers of real property acquired or improved under the
Airport Improvement Program.
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE AIRPORT IMPROVEMENT
PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the Sponsor pursuant to the provisions of the Airport Improvement Program grant
assurances:
A. The (grantee, lessee, permittee, etc. as appropriate)for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree [in the case of deeds and leases add "as a
covenant running with the land"]that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this (deed, license, lease, permit, etc.)for a purpose for which
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 30
a Federal Aviation Administration activity,facility, or program is extended or for
another purpose involving the provision of similar services or benefits,the (grantee,
licensee, lessee, permittee, etc.)will maintain and operate such facilities and
services in compliance with all requirements imposed by the Nondiscrimination Acts
and Regulations listed in the Title VI List of Pertinent Nondiscrimination Acts and
Authorities (as may be amended) such that no person on the grounds of race, color,
or national origin, will be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, (Title of Sponsor)will have the right to terminate the (lease,
license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon,
and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination
covenants,the (Title of Sponsor)will have the right to enter or re-enter the lands and
facilities thereon, and the above-described lands and facilities will there upon revert to and
vest in and become the absolute property of the (Title of Sponsor) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
A5.4.5 Title VI Clauses for Construction/Use/Access to
Real Property Acquired Under the Activity,
Facility or Program
This applies to agreements such as leases of concession space in a terminal and any future deeds, leases,
licenses, permits, or similar instruments entered into by the Sponsor with other parties for the
construction or use of, or access to, space on, over, or under real property acquired or improved under
the Airport Improvement Program.
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by (Title of Sponsor) pursuant to the provisions of the Airport Improvement Program
grant assurances.
A. The (grantee, licensee, permittee, etc., as appropriate)for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a
covenant running with the land")that(1) no person on the ground of race, color, or national
origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2)that in the construction of any
improvements on, over, or under such land, and the furnishing of services thereon, no
person on the ground of race, color, or national origin, will be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination, (3)that the (grantee,
licensee, lessee, permittee, etc.)will use the premises in compliance with all other
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 31
requirements imposed by or pursuant to the Title VI List of Pertinent Nondiscrimination Acts
and Authorities.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Non-discrimination covenants, (Title of Sponsor)will have the right to terminate the
(license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and
the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had
never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, (Title of Sponsor)will there upon revert to and vest in and become the absolute
property of(Title of Sponsor) and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 32
A6 CLEAN AIR AND WATER POLLUTION CONTROL
A6.1 SOURCE
2 CFR Part 200, Appendix II(G)
42 U.S.C. §7401, et seq
33 U.S.C. § 1251, et seq
A6.2 APPLICABILITY
Contract Types—This provision is required for all contracts and lower tier contracts that exceed
$150,000.
Use of Provision— No mandatory language provided. The following language is acceptable to the FAA
and meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's
language must fully satisfy the requirements of Appendix II to 2 CFR Part 200.
A6.3 MODEL CONTRACT CLAUSE
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to
the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. §§ 1251-1387).The Contractor agrees to report any violation to the Owner immediately
upon discovery.The Owner assumes responsibility for notifying the Environmental Protection Agency
(EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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A7 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
A7.1 SOURCE
2 CFR Part 200, Appendix II(E)
29 CFR§5.5(b)(2)
29 CFR 5.8(a)
40 U.S.C. §3702(c)
40 U.S.C. §3704
A7.2 APPLICABILITY
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 U.S.C. §§3702& 3704)
requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed
in the performance of the contracts not less than one and one-half times their basic rate of pay for all
hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working
conditions on federally-assisted projects. The Wage and Hour Division (WHD)within the U.S.
Department of Labor (DOL) enforces the compensation requirements of this Act,while DOL's
Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types—
Construction—This provision applies to all contracts and lower tier contracts that exceed
$100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment—This provision applies to any equipment project exceeding$100,000 that involves
installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply
to equipment acquisition projects where the manufacture of the equipment takes place offsite
at the vendor plant(e.g., ARFF and SRE vehicles).
Professionol Services—This provision applies to professional service agreements that exceed
$100,000 and employs laborers, mechanics,watchmen, and guards.This includes members of
survey crews and exploratory drilling operations.
Property—While most land transactions do not involve employment of laborers, mechanics,
watchmen, and guards, under certain circumstances, a property acquisition project could
require such employment. Examples include the installation of property fencing or testing for
environmental contamination
Use of Provision—MANDATORY TEXT. Sponsors must incorporate this text without modification.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 34
A7.3 MANDATORY CONTRACT CLAUSE
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
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)of this clause,the Contractor and
any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and 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) of this clause, in the sum of$33 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) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner 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 moneys 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) of this clause.
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
subcontracts. 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) of this clause.
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A8 COPELAND "ANTI-KICKBACK" ACT
A8.1 SOURCE
2 CFR Part 200, Appendix II(D)
29 CFR Parts 3 and 5
A8.2 APPLICABILITY and PURPOSE
The Copeland (Anti-Kickback)Act (18 U.S.C. §874 and 40 U.S.C. §3145) makes it unlawful to induce by
force, intimidation,threat of dismissal from employment, or by any other manner, any person employed
in the construction or repair of public buildings or public works,financed in whole or in part by the
United States,to give up any part of the compensation to which that person is entitled under a contract
of employment.The Copeland Act also requires each contractor and subcontractor to furnish weekly a
statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types—
Construction—This provision applies to all construction contracts and subcontracts financed
under the Al that exceed $2,000.
Equipment—This provision applies to all equipment installation projects (e.g., electrical vault
improvements)financed under the AIP that exceed $2,000. This provision does not apply to
equipment acquisitions where the equipment is manufactured at the vendor's plant (e.g., SRE
and ARFF vehicles).
Professionol Services—The emergence of different project delivery methods has created
situations where Professional Service Agreements (PSAs) include tasks that meet the definition
of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that
qualifies as construction, alteration, or repair and it exceeds$2,000,the PSA must incorporate
the Copeland Anti-kickback provision.
Property—Ordinarily, land acquisition projects would not involve employment of laborers or
mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land
projects that involve installation of boundary fencing and demolition of structures would involve
laborers and mechanics.The Sponsor must include this provision if the land acquisition project
involves employment of laborers or mechanics for a contract exceeding$2,000.
Use of Provision— No mandatory language provided. The following language is acceptable to the FAA
and meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's
language must fully satisfy the requirements of 29 CFR Part 5.
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Issued on March 17, 2026 Page 36
A8.3 MODEL CONTRACT CLAUSE
COPELAND "ANTI-KICKBACK"ACT
Contractor must comply with the requirements of the Copeland "Anti-Kickback"Act (18 USC 874 and
40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and
subcontractors are prohibited from inducing, by any means, any person employed on the project to
give up any part of the compensation to which the employee is entitled. The Contractor and each
Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee
performing on covered work during the prior week. Owner must report any violations of the Act to the
Federal Aviation Administration.
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A9 DAVIS-BACON REQUIREMENTS
A9.1 SOURCE
2 CFR Part 200, Appendix II(D)
29 CFR Part 5
49 USC§47112(b)
40 USC§§3141-3144, 3146, and 3147
A9.2 APPLICABILITY
The Davis-Bacon Act (40 USC§§3141-3144, 3146, and 3147) ensures that laborers and mechanics
employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as
determined by the Department of Labor.
Contract Types—
Construction— Incorporate into all construction contracts and subcontracts that exceed $2,000
and include funding from the AIP.
Equipment—This provision applies to all equipment installation projects (e.g., electrical vault
improvements)financed under the AIP that exceed $ 2,000. This provision does not apply to
equipment acquisitions where the equipment is manufactured at the vendor's plant (e.g., SRE
and ARFF vehicles)
Professional Services—The emergence of different project delivery methods has created
situations where Professional Service Agreements (PSAs) includes tasks that meet the definition
of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that
qualifies as construction, alteration, or repair and it exceeds$2,000,the PSA must incorporate
this clause.
Property—Ordinarily, land acquisition projects would not involve employment of laborers or
mechanics and thus the provision would not apply. However, land projects that involve
installation of boundary fencing and demolition of structures would involve laborers and
mechanics.The Sponsor must include this provision if the land acquisition project involves
employment of laborers or mechanics for a contract exceeding$2,000.
Fencing Projects—Fencing projects that exceed $2,000 must include this provision.
Use of Provision— MANDATORY TEXT. 29 CFR Part 5 establishes specific language a Sponsor must use.
The Sponsor may not make any modification to the standard language. A/E firms that employ laborers
and mechanics on a task that meets the definition of construction, alteration, or repair are acting as a
contractor. The Sponsor may not substitute the term "Contractor"for"Consultant" in such instances.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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A9.3 MANDATORY CONTRACT CLAUSE
DAVIS-BACON REQUIREMENTS
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
regulations implementing 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 such 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§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, including helpers,
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 determination;
(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
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 39
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, U.S. Department of
Labor, Washington, DC 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.
(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 an 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.
(D)The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (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.
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 contract 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 the 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.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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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 that show that the commitment to provide such
benefits is enforceable,that the plan or program is financially responsible, 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.
(ii)(A)The Contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if
the agency is not such a party,the Contractor will submit the 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 29 CFR §5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead,the payrolls shall only need to include an individually
identifying number for each employee (e.g., the last four digits of the employee's social security
number).The required weekly payroll information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
httos://www.dol.povlogencies/whdlgovernment-contracts/construction/payroll-certification or its
successor site.The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security number and
current address of each covered worker and shall provide them upon request to the Federal Aviation
Administration if the agency is a party to the contract, but if the agency is not such a party,the
Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be,for transmission
to the Federal Aviation Administration,the Contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime contractor for its own records, without
weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or 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 provided under 29
CFR §5.5(a)(3)(ii),the appropriate information is being maintained under 29 CFR§ 5.5 (a)(3)(i), 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.
(iii)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 the 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training,
Employer and Labor Services 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
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 42
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 that 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 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 Office of Apprenticeship Training, Employer and Labor Services, or
a State Apprenticeship Agency recognized by the Office, 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 no 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 that provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate that 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 no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
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5. Compliance with 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
§§ 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 compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR §5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for 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 USC§ 1001.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 44
A10 DEBARMENT AND SUSPENSION
A10.1 SOURCE
2 CFR Part 180 (Subpart B)
2 CFR Part 200, Appendix II(H)
2 CFR Part 1200
DOT Order 4200.5
Executive Orders 12549 and 12689
A10.2 APPLICABILITY
The Sponsor must verify that the firm or individual that it is entering into a contract with is not presently
suspended, excluded, or debarred by any Federal department or agency from participating in
federally-assisted projects.The Sponsor accomplishes this by:
1) Checking the System for Award Management (SAM.gov)to verify that the firm or individual is
not listed in SAM.gov as being suspended, debarred, or excluded;
2) Collecting a certification from the firm or individual that it is not suspended, debarred, or
excluded; and
3) Incorporating a clause in the contract that requires lower tier contracts to verify that no
suspended, debarred, or excluded firm or individual is included in the project.
Contract Types—This requirement applies to covered transactions, which are defined in 2 CFR part 180
(Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970.
Covered transactions include any AIP-funded contract, regardless of tier,that is awarded by a
contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the
amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with
land acquisition projects.
Use of Provision— No mandatory language provided. The following language is acceptable to the FAA in
meeting the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 2 CFR part 180. For professional service agreements, Sponsor may
substitute "bidder/offeror'with "consultant."
A10.3 MODEL BID/PROPOSAL CERTIFICATION CLAUSES
A10.3.1 Bidder or Offeror Certification
CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation,the bidder or offeror certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from
participation in this transaction.
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A10.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds$25,000 as a
"covered transaction", must confirm each lower tier participant of a "covered transaction" under the
project is not presently debarred or otherwise disqualified from participation in this federally-assisted
project. The successful bidder will accomplish this by:
1. Checking the System for Award Management at website: https://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offeror/Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to
a higher tier participant that it was excluded or disqualified at the time it entered the covered
transaction,the FAA may pursue any available remedies, including suspension and debarment of the
non-compliant participant.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 46
All DISADVANTAGED BUSINESS ENTERPRISE
A11.1 SOURCE
49 CFR Part 26
49 U.S.C. §47113
A11.2 APPLICABILITY
A Sponsor that anticipates awarding prime contracts totaling$250,000 or more in Federal financial
assistance in a federal fiscal year must have an approved Disadvantaged Business Enterprise (DBE)
program on file with the FAA Office of Civil Rights (49 CFR § 26.21). The Sponsor will also identify a 3-
year overall program goal that the Sponsor bases on the availability of ready, willing, and able DBEs
relative to all businesses ready, willing, and able to participate on the project (49 CFR§ 26.45).
Contract Types—Sponsors with a DBE program on file with the FAA must include the following
provisions, if applicable:
1) Clause in all solicitations for proposals for which a contract goal has been established,
2) Clause in solicitations that seek to obtain DBE participation without the use of a contract
goal, and
3) Clause in each prime contract.
Use of Provision—
1. Solicitations with a DBE Contract Goal— No mandatory language provided. 49 CFR§26.53
requires a Sponsor's solicitation to address what a contractor must submit on proposed DBE
participation. The language of A11.3.1 is acceptable to the FAA in meeting the intent of this
requirement. If the Sponsor uses different language,the Sponsor's revised language must
fully satisfy these requirements.The Sponsor may require the contractor's submittal on
proposed DBE participation either at bid opening as a matter of responsiveness or within
five days of bid opening as a matter of responsibility.The Sponsor's election regarding
responsiveness vs. responsibility is recorded in its approved DBE program. Special
consideration and procedures apply to negotiated procurements and to projects solicited
using the Design-Build approach.
2. Solicitations without a DBE Contract Goal—No mandatory language provided.The language
of A11.3.2 is acceptable to the FAA in meeting the intent of this requirement. If the Sponsor
uses different language,the Sponsor's revised language must fully satisfy requirements for a
Sponsor that is not applying a project specific contract goal but is covered by a DBE program
on file with the FAA.
3. Assurance for Contracts Covered by DBE Program—MANDATORY TEXT PROVIDED.
Sponsors must incorporate this language if they have a DBE program on file with the FAA.
This language must be included regardless of whether there is a DBE contract goal for the
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 47
project. Section 26.13 of 49 CFR establishes mandatory language for contractor assurance.
The Sponsor must not modify the language. Part 26 of 49 CFR requires Sponsors ensure this
clause also flows down into subcontracts (i.e., must be included verbatim in subcontracts).
4. Prompt Payment for Contracts Covered by DBE Program— No mandatory language provided.
49 CFR § 26.29 requires Sponsors to include a contract clause requiring prompt payment to
subcontractors no later than thirty(30) days after the prime contractor receives payment
from the Sponsor.The requirement applies to all subcontractors, not just DBEs.The prompt
payment language of A11.3.3 is acceptable to the FAA in meeting the intent of this
requirement. If the Sponsor uses different language, such as a specific clause identified in
the Sponsor's approved DBE program plan,the Sponsor's revised language must fully satisfy
these requirements.
5. Termination of DBE Subcontractors on Contracts with a DBE Contract Goal- No mandatory
language provided. 49 CFR§ 26.53 prohibits unauthorized removal or replacement of DBE
firms listed in response to a solicitation that had a DBE contract goal and sets forth the
specific enforcement mechanism recipients must include in prime contracts.The language
of A11.3.3 is acceptable to the FAA in meeting the intent of this requirement.
6. Sponsors that are not required to have a DBE program on file with the FAA are not required
to include DBE provisions and clauses.
A11.3 REQUIRED PROVISIONS
A11.3.1 Solicitation Language (Solicitations with a DBE
Contract Goal)
For traditional design-bid-build projects,the decision on whether DBE information is a matter of
responsiveness or responsibility is laid out in the Sponsor's approved DBE program and the Sponsor
should incorporate the applicable solicitation language accordingly. Special procedures apply in the
case of negotiated procurements and for projects that follow the Design-Build method of
procurement. In all cases, Sponsors should include only the applicable solicitation language from the
examples below.
Bid Information Submitted as a matter of responsiveness:
The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith
effort requirements of 49 CFR § 26.53.
As a condition of responsiveness,the Bidder or Offeror must submit the following information with its
proposal on the forms provided herein:
1) The names and addresses of Disadvantaged Business Enterprise (DBE)firms that will participate
in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
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4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s)
listed under (1)to meet the Owner's project goal
5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind
and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26 including any
amendments thereto.The documentation of good faith efforts must include copies of each DBE
and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was
selected over a DBE for work on the contract.
Bid Information submitted as a matter of responsibility:
The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith
effort requirements of 49 CFR § 26.53.
As a condition of responsibility, every Bidder or Offeror must submit the following information on the
forms provided herein within five days after bid opening.
1) The names and addresses of Disadvantaged Business Enterprise (DBE)firms that will participate
in the contract;
2) A description of the work that each DBE firm will perform;
3) The dollar amount of the participation of each DBE firm listed under (1);
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s)
listed under (1)to meet the Owner's project goal;
5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind
and amount of work provided in the prime contractor's commitment; and
6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Bidder or Offeror as described in appendix A to 49 CFR Part 26 including any
amendments thereto.The documentation of good faith efforts must include copies of each DBE
and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was
selected over a DBE for work on the contract.
Bid Information requirements for negotiated procurements:
In a negotiated procurement, such as a procurement for professional services,the Sponsor may allow
the bidder/offeror to make a contractually binding commitment to meet the goal at the time of bid
submission or the presentation of initial proposals but provide the information required under the
above responsiveness or responsibility procedures before the final selection for the contract is made by
the recipient.
Bid Information submitted for Design-Build projects:
In a design-build contracting situation, in which the Sponsor solicits proposals to design and build a
project with minimal-project details at time of letting,the Sponsor may set a DBE goal that proposers
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 49
must meet by submitting a DBE Open-Ended DBE Performance Plan (OEPP)with the proposal.The OEPP
replaces the requirement to provide the information required in paragraph (b) of 49 CFR § 26.53 that
applies to design-bid-build contracts.To be considered responsive,the OEPP must include a
commitment to meet the goal and provide details of the types of subcontracting work or services (with
projected dollar amount)that the proposer will solicit DBEs to perform.The OEPP must include an
estimated time frame in which actual DBE subcontracts would be executed. Once the design-build
contract is awarded,the recipient must provide ongoing monitoring and oversight to evaluate whether
the design-builder is using good faith efforts to comply with the OEPP and schedule.The recipient and
the design-builder may agree to make written revisions of the OEPP throughout the life of the project,
e.g., replacing the type of work items the design-builder will solicit DBEs to perform and/or adjusting the
proposed schedule, as long as the design-builder continues to use good faith efforts to meet the goal.
A11.3.2 Solicitation Language (Solicitations with No DBE
Contract Goal)
The requirements of 49 CFR Part 26 including any amendments thereto apply to this contract. It is the
policy of the [Insert Name of Owner]to practice nondiscrimination based on race, color, sex, or
national origin in the award or performance of this contract.The Owner encourages participation by all
firms qualifying under this solicitation regardless of business size or ownership.
A11.3.3 Prime Contracts (Contracts Covered by a DBE
Program)
Contract Assurance (49 CFR§26.13; mandatory text provided)—
The Contractor, subrecipient 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, including any amendments thereto, 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 the termination of this contract or such other remedy as
the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment(49 CFR §26.29; acceptable/sample text provided)—
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than [specify number of days, not to exceed 30] days from the
receipt of each payment the prime contractor receives from [Name of recipient].The prime contractor
agrees further to return retainage payments to each subcontractor within [specify number of days, not
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to exceed 30] 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 [Name of Recipient].This clause applies to both DBE and non-DBE
subcontractors.
Termination of DBE Subcontracts(49 CFR§26.53(f);acceptable/sample text provided)—
The prime contractor must not terminate a DBE subcontractor listed in response to [include Solicitation
paragraph number where paragraph A11.3.1, Solicitation Language appears] (or an approved substitute
DBE firm)without prior written consent of[Name of Recipient].This includes, but is not limited to,
instances in which the prime contractor seeks to perform work originally designated for a DBE
subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials
for which each is listed unless the contractor obtains written consent [Name of Recipient]. Unless [Name
of Recipient] consent is provided,the prime contractor shall not be entitled to any payment for work or
material unless it is performed or supplied by the listed DBE.
[Name of Recipient] may provide such written consent only if [Name of Recipient] agrees,for reasons
stated in the concurrence document,that the prime contractor has good cause to terminate the DBE
firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to [Name of Recipient] its request to terminate and/or substitute a DBE
subcontractor,the prime contractor must give notice in writing to the DBE subcontractor, with a copy to
[Name of Recipient], of its intent to request to terminate and/or substitute, and the reason for the
request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise
[Name of Recipient] and the contractor of the reasons, if any,why it objects to the proposed
termination of its subcontract and why [Name of Recipient] should not approve the prime contractor's
action. If required in a particular case as a matter of public necessity (e.g., safety), [Name of Recipient]
may provide a response period shorter than five days.
In addition to post-award terminations,the provisions of this section apply to pre-award deletions of or
substitutions for DBE firms put forward by offerors in negotiated procurements.
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Al2 DISTRACTED DRIVING
Al2.1 SOURCE
Executive Order 13513
DOT Order 3902.10
Al2.2 APPLICABILITY
The FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease
crashes by distracted drivers, including policies to ban text messaging while driving when performing
work related to a grant or subgrant.
Contract Types—Sponsors must insert this provision in all AIP funded contracts that exceed the micro-
purchase threshold of 2 CFR§ 200.320 (currently set at$15,000).
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA in
meeting the intent of this requirement. If the Sponsor uses different language,the Sponsor's revised
language must fully satisfy these requirements.
Al2.3 MODEL CONTRACT CLAUSE
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009),the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce
safety policies that decrease crashes by distracted drivers, including policies to ban text messaging
while driving when performing work related to a grant or subgrant.
In support of this initiative,the Owner encourages the Contractor to promote policies and initiatives
for its employees and other work personnel that decrease crashes by distracted drivers, including
policies that ban text messaging while driving motor vehicles while performing work activities
associated with the project. The Contractor must include the substance of this clause in all sub-tier
contracts exceeding$15,000 that involve driving a motor vehicle in performance of work activities
associated with the project.
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A13 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
A13.1 SOURCE
2 CFR§ 200, Appendix II(K)
2CFR§ 200.216
A13.2 APPLICABILITY
Sponsors and subgrant recipients are prohibited from using AIP grant funds to:
a) Procure or obtain,
b) Extend or renew a contract to procure or obtain, or
c) Enter into a contract to procure or obtain certain covered telecommunications equipment.
These restrictions apply to telecommunication equipment, services, or systems that use covered
telecommunications equipment or services as a substantial or essential component of any system or as
critical technology as part of any system. Covered telecommunications equipment is equipment
produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of either).
Contract Types—The Sponsor must include this provision in all AIP funded contracts and lower-tier
contracts.
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's revised
language must fully satisfy these requirements. Sponsor may substitute "Contractor and subcontractor"
with "Consultant and sub-consultant"for professional service agreements.
A13.3 MODEL CERTIFICATION CLAUSE
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use
and procurement of certain telecommunications and video surveillance services or equipment in
compliance with the National Defense Authorization Act P.L. 115-232, §889(f)(1)).
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A14 DRUG FREE WORKPLACE REQUIREMENTS
A14.1 SOURCE
49 CFR Part 32
Drug-Free Workplace Act of 1988 (41 U.S.C. § 8101-8106, as amended)
A14.2 APPLICABILITY
The Drug-Free Workplace Act of 1988 requires some Federal contractors and oll Federal grantees to
agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a
Federal agency.The Act does not apply to contractors, subcontractors, or subgrantees, although the
Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Contract Types—This provision applies to all AIP funded projects, but not to the contracts between the
grantee (the Sponsor) and a contractor, subcontractors, suppliers, or subgrantees.
Use of Provision— No mandatory or recommended text provided because the requirements do not
extend beyond the Sponsor level.
A14.3 CONTRACT CLAUSE
None.
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A15 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
A15.1 SOURCE
29 USC§ 201, et seq
2 CFR§ 200.430
A15.2 APPLICABILITY
The U.S. Department of Labor(DOL)Wage and Hour Division administers the Fair Labor Standards Act
(FLSA). This act prescribes federal standards for basic minimum wage, overtime pay, record keeping,
and child labor standards.
Contract Types—Per the Department of Labor, all employees of certain enterprises having workers
engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or
otherwise working on goods or materials that have been moved in or produced for such commerce by
any person are covered by the FLSA.
All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted
project must comply with the FLSA.
Professionol Services—29 CFR§ 213 exempts employees in a bona fide executive, administrative
or professional capacity. Because professional firms employ individuals that are not covered by
this exemption,the Sponsor's agreement with a professional services firm must include the FLSA
provision.
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 29 USC§ 201, et seq.The Sponsor must select contractor or
consultant, as appropriate for the contract.
A15.3 MODEL SOLICITATION CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions
of 29 CFR Part 201, et seq,the Federal Fair Labor Standards Act (FLSA), with the same force and effect
as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor
standards for full and part-time workers.
The [Contractor / Consultant] has full responsibility to monitor compliance to the referenced statute or
regulation. The [Contractor / Consultant] must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor—Wage and Hour Division.
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A16 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
A16.1 SOURCE
31 USC§ 1352—Byrd Anti-Lobbying Amendment
2 CFR Part 200, Appendix II(I)
49 CFR Part 20, Appendix A
A16.2 APPLICABILITY
Consultants and contractors that apply or bid for an award of$100,000 or more must certify that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or another award covered by 31 USC§ 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Contract Types—The Sponsor must incorporate this provision into all contracts exceeding$100,000.
Use of Provision—MANDATORY TEXT. Appendix A to 49 CFR Part 20 prescribes language the Sponsor
must use. The Sponsor must incorporate this provision without modification.
A16.3 MANDATORY CERTIFICATION CLAUSE
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or
Offeror,to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of
any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts
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under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
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A17 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
A17.1 SOURCE
29 CFR Part 1910
A17.2 APPLICABILITY
Contract Types—All contracts and subcontracts must comply with the Occupational Safety and Health
Act of 1970 (OSH).The U.S. Department of Labor Occupational Safety and Health Administration (OSHA)
oversees the workplace health and safety standards wage provisions from OSH.
Use of Provision— No mandatory text provided.The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 29 CFR Part 1910.
A17.3 MODEL CONTRACT CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer
must provide a work environment that is free from recognized hazards that may cause death or
serious physical harm to the employee.The employer retains full responsibility to monitor its
compliance and their subcontractor's compliance with the applicable requirements of the
Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims
or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—
Occupational Safety and Health Administration.
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A18 PROCUREMENT OF RECOVERED MATERIALS
A18.1 SOURCE
2 CFR§ 200.323
2 CFR Part 200, Appendix II(J)
40 CFR Part 247
42 USC§6901, et seq (Resource Conservation and Recovery Act (RCRA))
A18.2 APPLICABILITY
Sponsors of AIP funded development and equipment projects must comply with Section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. Section 6002
emphasizes maximizing energy and resource recovery through use of affirmative procurement actions
for recovered materials identified in the Environmental Protection Agency(EPA)guidelines codified at
40 CFR Part 247. When acquiring items designated in the guidelines,the Sponsor must procure items
that contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition.
Contract Types—This provision applies to any contracts that include procurement of products
designated in subpart B of 40 CFR Part 247 where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired by the preceding fiscal year exceeded $10,000.
Construction and Equipment— Include this provision in all construction and equipment projects.
Professional Services and Property—Include this provision if the agreement includes
procurement of a product that exceeds$10,000.
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 2 CFR Part 200.
A18.3 MODEL CONTRACT CLAUSE
PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable,the Contractor and
subcontractors are to use products containing the highest percentage of recovered materials for items
designated by the Environmental Protection Agency(EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of$10,000 or more of a designated item during the fiscal
year; or
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2) The contractor has procured $10,000 or more of a designated item using Federal funding during
the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-
guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if
the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
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A19 RIGHT TO INVENTIONS
A19.1 SOURCE
2 CFR Part 200, Appendix II(F)
37 CFR Part 401
A19.2 APPLICABILITY
Contract Types—This provision applies to all contracts and subcontracts with small business firms or
nonprofit organizations that include performance of experimental, developmental, or research work.
This clause is not applicable to construction, equipment, or professional service contracts unless the
contract includes experimental, developmental, or research work.
Use of Provision— No mandatory text provided.The following language is acceptable to the FAA and
meets the intent of this requirement. If the sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 2 CFR Part 200,Appendix II.
A19.3 MODEL CONTRACT CLAUSE
RIGHTS TO INVENTIONS
Contracts or agreements that include the performance of experimental, developmental, or research
work must provide for the rights of the Federal Government and the Owner in any resulting invention
as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within 37 CFR§401.14.
Contractor must include this requirement in all sub-tier contracts involving experimental,
developmental, or research work.
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A20 SEISMIC SAFETY
A20.1 SOURCE
49 CFR Part 41
A20.2 APPLICABILITY
Contract Types—This provision applies to construction of new buildings and additions to existing
buildings financed in whole or in part through the Airport Improvement Program.
Professional Services—Sponsor must incorporate this clause in any contract involved in the
construction of new buildings or structural addition to existing buildings.
Construction—Sponsor must incorporate this clause in any contract involved in the construction
of new buildings or structural addition to existing buildings.
Equipment—Sponsor must include the construction provision if the project involves
construction or structural addition to a building such as an electrical vault project to
accommodate or install equipment.
Land—This provision will not typically apply to a property/land project.
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 49 CFR part 41.
A20.3 MODEL CONTRACT CLAUSE
A20.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services,the Consultant agrees to furnish a building design and
associated construction specification that conform to a building code standard that provides a level of
seismic safety substantially equivalent to standards as established by the National Earthquake Hazards
Reduction Program (NEHRP). Local building codes that model their building code after the current
version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
At the conclusion of the design services,the Consultant agrees to furnish the Owner a "certification of
compliance"that attests conformance of the building design and the construction specifications with
the seismic standards of NEHRP or an equivalent building code.
A20.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work
performed by subcontractors, conforms to a building code standard that provides a level of seismic
safety substantially equivalent to standards established by the National Earthquake Hazards Reduction
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Program (NEHRP). Local building codes that model their code after the current version of the
International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
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A21 TAX DELINQUENCY AND FELONY CONVICTIONS
A21.1 SOURCE
Section 8113 of the Consolidated Appropriations Act, 2022 (P.L. 117-103) and similar provisions in
subsequent appropriations acts.
DOT Order 4200.6—Appropriations Act Requirements for Procurement and Non-Procurement
Regarding Tax Delinquency and Felony Convictions
A21.2 APPLICABILITY
The Sponsor must ensure that no funding goes to any contractor who:
• Has been convicted of a Federal felony within the last 24 months; or
• Has any outstanding tax liability for which all judicial and administrative remedies have lapsed or
been exhausted.
Contract Types—This provision applies to all contracts funded in whole or part with AIP.
Use of Provision— No mandatory text provided.The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of DOT Order 4200.6.
A21.3 MODEL CERTIFICATION CLAUSE
CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS
The applicant must complete the following two certification statements.The applicant must indicate
its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (u) in
the space following the applicable response.The applicant agrees that, if awarded a contract resulting
from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax
liability that has been assessed,for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability.
2) The applicant represents that it is ( ) is not ( ) a corporation that was convicted of a criminal
violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations,the applicant is
ineligible to receive an award unless the Sponsor has received notification from the agency suspension
and debarment official (SDO)that the SDO has considered suspension or debarment and determined
that further action is not required to protect the Government's interests. The applicant therefore
must provide information to the owner about its tax liability or conviction to the Owner, who will then
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notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion
of the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24)
months of a felony criminal violation under any Federal law and includes conviction of an
offense defined in a section of the U.S. Code that specifically classifies the offense as a felony
and conviction of an offense that is classified as a felony under 18 USC§3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted, or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible
for collecting the tax liability.
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A22 TERMINATION OF CONTRACT
A22.1 SOURCE
2 CFR Part 200, Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09
A22.2 APPLICABILITY
Contract Types—All contracts and subcontracts in excess of$10,000 must address termination for cause
and termination for convenience by the Sponsor.The provision must address the manner(i.e., notice,
opportunity to cure, and effective date) by which the Sponsor's contract will be affected and the basis
for settlement (e.g., incurred expenses, completed work, profit, etc.).
Use of Provision—
Termination for Convenience— No mandatory text provided. The Sponsor must include a clause
for termination for convenience.The following language is acceptable to the FAA and meets the
intent of this requirement. If the Sponsor uses different language,the Sponsor's language must
fully satisfy the requirements of Appendix II to 2 CFR§ 200.
Termination for Cause—No mandatory text provided.The Sponsor must include a clause for
termination for cause (includes default).The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's
language must fully satisfy the requirements of 2 CFR Part 200, Appendix II.
Equipment, Professional Services, and Property—No mandatory text provided.The Sponsor may
use their established clause language provided that it adequately addresses the intent of 2 CFR
Part 200 Appendix II(B), which addresses termination for cause and for convenience.
A22.3 MODEL CONTRACT CLAUSES
A22.3.1 Termination for Convenience
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to
the Contractor. Such action may be without cause and without prejudice to any other right or remedy
of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner,
the Contractor shall immediately proceed with the following obligations regardless of any delay in
determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
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4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially
completed work, supplies, equipment and materials acquired prior to termination of the work,
and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to
this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1. Completed and acceptable work executed in accordance with the contract documents prior to
the effective date of termination;
2. Documented expenses sustained prior to the effective date of termination in performing work
and furnishing labor, materials, or equipment as required by the contract documents in
connection with uncompleted work;
3. Reasonable and substantiated claims, costs, and damages incurred in settlement of terminated
contracts with Subcontractors and Suppliers; and
4. Reasonable and substantiated expenses to the Contractor directly attributable to Owner's
termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising
out of or resulting from the Owner's termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided
by law or under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant,terminate this Agreement for its convenience and
without cause or default on the part of Consultant. Upon receipt of the notice of termination, except
as explicitly directed by the Owner,the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement,the Consultant must deliver to the Owner all data, surveys,
models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract,whether complete or partially
complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will not
include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
A22.3.2 Termination for Default
TERMINATION FOR CAUSE(CONSTRUCTION)
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Section 80-09 of FAA Advisory Circular 150/5370-10 establishes standard language for conditions,
rights, and remedies associated with Owner termination of this contract for cause due to default of the
Contractor.
TERMINATION FOR CAUSE (EQUIPMENT)
The Owner may, by written notice of default to the Contractor,terminate all or part of this Contract
for cause if the Contractor:
1. Fails to begin the Work under the Contract within the time specified in the Notice-to-Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance
with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any
Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false
or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur,the Owner will give notice in writing to the Contractor and
Surety of its intent to terminate the contract for cause. At the Owner's discretion,the notice may allow
the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice,the Contractor or Surety fails to remedy the breach or
default to the satisfaction of the Owner,the Owner has authority to acquire equipment by other
procurement action.The Contractor will be liable to the Owner for any excess costs the Owner incurs
for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract
price.The Owner may withhold from amounts otherwise due the Contractor for such completed
equipment, such sum as the Owner determines to be necessary to protect the Owner against loss
because of Contractor default.
Owner will not terminate the Contractor's right to proceed with the work under this clause if the delay
in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the
Owner, acts of another Contractor in the performance of a contract with the Owner, and severe
weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor's right to proceed,the Owner determines that the Contractor
was not in default, or that the delay was excusable,the rights and obligations of the parties will be the
same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies
provided by law or under this contract.
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TERMINATION FOR CAUSE (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that
are essential to the completion of the work per the terms and conditions of the Agreement.The party
initiating the termination action must allow the breaching party an opportunity to dispute or cure the
breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement.The notice must specify the nature and extent of the breach,the conditions
necessary to cure the breach, and the effective date of the termination action. The rights and
remedies in this clause are in addition to any other rights and remedies provided by law or under this
agreement.
a) Termination by Owner:The Owner may terminate this Agreement for cause in whole or in part,
for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved
extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination,the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement,the Consultant
must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps,
photographs, estimates, summaries, and other documents and materials prepared by the Engineer
under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action,the Owner determines the Consultant was not in
default of the Agreement,the rights and obligations of the parties shall be the same as if the Owner
issued the termination for the convenience of the Owner.
b) Termination by Consultant:The Consultant may terminate this Agreement for cause in whole or
in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the project for more than [180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If
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Owner and Consultant cannot reach mutual agreement on the termination settlement,the
Consultant may, without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner's breach of the contract.
In the event of termination due to Owner breach,the Consultant is entitled to invoice Owner and
to receive full payment for all services performed or furnished in accordance with this Agreement
and all justified reimbursable expenses incurred by the Consultant through the effective date of
termination action. Owner agrees to hold Consultant harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this clause.
A23 TRADE RESTRICTION CERTIFICATION
A23.1 SOURCE
49 USC§50104
49 CFR Part 30
A23.2 APPLICABILITY
Unless waived by the Secretary of Transportation, Sponsors may not use AIP funds on a product or
service from a foreign country included in the current list of countries that discriminate against U.S.
firms as published by the Office of the United States Trade Representative (USTR).
Contract Types—The trade restriction certification and clause apply to all AIP funded projects.
Use of Provision— MANDATORY TEXT. 49 CFR Part 30 prescribes the language for this model clause.
The Sponsor must include this certification language in all contracts and subcontracts without
modification.
A23.3 MANDATORY SOLICITATION CLAUSE
TRADE RESTRICTION CERTIFICATION
By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant
contract,the Offeror—
1) 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 as published by the Office of the United States
Trade Representative (USTR);
2) 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 included on the list of countries that discriminate
against U.S.firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the USTR.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 71
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false,fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18 USC§ 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous
by reason of changed circumstances.
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 an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S.firms published by the USTR; or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list; or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
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.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts.The Contractor may rely
on the certification of a prospective subcontractor that it is not a firm from a foreign country included
on the list of countries that discriminate against U.S.firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification,the Federal Aviation Administration (FAA) may direct through the Owner cancellation of
the contract or subcontract for default at no cost to the Owner or the FAA.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 72
A24 VETERAN'S PREFERENCE
A24.1 SOURCE
49 USC§47112(c)
A24.2 APPLICABILITY
Contract Types—This provision applies to all AIP funded projects that involve labor to carry out the
project.This preference, which excludes executive, administrative, and supervisory positions, applies to
covered veterans [as defined under§47112(c)] only when they are readily available and qualified to
accomplish the work required by the project.
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 49 USC§47112.
A24.3 MODEL CONTRACT CLAUSE
VETERAN'S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory positions),the
Contractor and all sub-tier contractors must give preference to covered veterans as defined within 49
U.S.C. § 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-
Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. §632)
owned and controlled by disabled veterans. This preference only applies when there are covered
veterans readily available and qualified to perform the work to which the employment relates.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 73
A25 DOMESTIC PREFERENCES FOR PROCUREMENTS
A25.1 SOURCE
2 CFR§ 200.322
2 CFR Part 200, Appendix II(L)
A25.2 APPLICABILITY
To the greatest extent "practicable," Sponsors must provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the U.S., including, but not limited to iron,
aluminum, steel, cement, or other manufactured products.
Contract Types—Must be included in all subawards, including all contracts and purchase orders for work
or products under the grant.
Use of Provision— No mandatory text provided. The following language is acceptable to the FAA and
meets the intent of this requirement. If the Sponsor uses different language,the Sponsor's language
must fully satisfy the requirements of 2 CFR§ 200.322.
A25.3 MODEL CERTIFICATION CLAUSE
CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS
The Bidder or Offeror certifies by signing and submitting this bid or proposal that,to the greatest
extent practicable,the Bidder or Offeror has provided a preference for the purchase, acquisition, or
use of goods, products, or materials produced in the United States (including, but not limited to, iron,
aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 74
A26 PROHIBITION OF COVERED UNMANNED AIRCRAFT SYSTEMS (UAS)
A26.1 SOURCE
FAA Reauthorization Act of 2024 (Public Law 118-63), Section 936
49 U.S.C. §44801 note
Sponsors and subgrant recipients are prohibited from using AIP grant funds to enter into, extend, or
renew a contract for:
1) The operation, procurement, or contracting action with respect to a covered unmanned
aircraft system (UAS); or
2) To any entity that operates a covered unmanned aircraft system (UAS) in the performance of
such contract.
The term "Covered UAS" means a small unmanned aircraft, an unmanned aircraft, and unmanned
aircraft system, or the associated elements of such aircraft and aircraft systems related to the
collection and transmission of sensitive information (consisting of communication links and the
components that control the unmanned aircraft)that enable the operator to operate the aircraft in
the National Airspace System which is manufactured or assembled by a covered foreign entity; and an
unmanned aircraft detection system or counter- UAS system that is manufactured or assembled by a
covered foreign entity. These covered foreign entities include:
(a)The People's Republic of China.
(b)The Russian Federation.
(c)The Islamic Republic of Iran.
(d)The Democratic People's Republic of Korea.
(e)The Bolivarian Republic of Venezuela.
(f)The Republic of Cuba.
(g)Any other country the Secretary determines necessary.
A26.2 APPLICABILITY
Contract Types—the Sponsor must include this provision in all AIP-funded contracts and lower-
tier contracts.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 75
Use of Provision - No mandatory text provided. The Sponsor's language must fully satisfy these
requirements. Sponsor may substitute "Contractor and subcontractor"with "Consultant and sub-
consultant"for professional service agreements as appropriate.
A26.3 MODEL CONTRACT CLAUSE
The Bidder or Offeror certifies that they are aware of and comply with relevant Federal statutes and
regulations, including those from the Federal Aviation Administration (FAA),for operating unmanned
aircraft systems (UAS) in accordance, and in compliance with all related requirements in the FAA
Reauthorization Act of 2024 (Public Law 118-63), section 936 (49 U.S.C. §44801 note).
Contractor warrants that all UAS operations will be conducted in full compliance with all applicable
Federal Aviation Administration (FAA) regulations, including but not limited to 14 CFR Part 107, and
any other applicable local, state, or Federal laws and regulations.
Sponsors and subgrant recipients cannot use AIP grant funds to enter into, extend, or renew a contract
related to covered unmanned aircraft systems (UAS).This includes both procurement and operational
contracts, as well as contracts with entities that operate such systems.
Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on March 17, 2026 Page 76
CWE contract packet-CWE signed (002)
Final Audit Report 2026-07-06
Created: 2026-06-25
By: Tami Campos(tami.campos@ashland.or.us)
Status: Signed
Transaction ID: CBJCHBCAABAA1-Iwg_y5E8rY3JIo1TAZigmZkSso6dv0
"CWE contract packet-CWE signed (002)" History
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