5100-131 Equipment and Construction Contracts - Airport Improveme

U.S. Department
of Transportation
Federal Aviation
Administration

FAA Form 5100-131, Equipment and Construction Contracts –
Airport Improvement Sponsor Certification
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a currently
valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public
reporting for this collection of information is estimated to be approximately 8 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, completing and reviewing the collection of information. All responses to this collection of
information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting
requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.

FAA Form 5100-131

U.S. Department of Transportation
Federal Aviation Administration

OMB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 8/31/2019

Equipment and Construction Contracts
Airport Improvement Sponsor Certification
Sponsor:
Airport:
Project Number:
Description of Work:

Application
49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply
with the statutory and administrative requirements in carrying out a project under the Airport Improvement
Program (AIP). General procurement standards for equipment and construction contracts within Federal
grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards
applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance
C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders,
policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local
procedures provided the procurement conforms to these federal standards.
This certification applies to all equipment and construction projects. Equipment projects may or may not
employ laborers and mechanics that qualify the project as a “covered contract” under requirements
established by the Department of Labor requirements. Sponsor shall provide appropriate responses to
the certification statements that reflect the character of the project regardless of whether the contract is
for a construction project or an equipment project.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major
requirements of the construction project. Selecting “Yes” represents sponsor acknowledgement and
confirmation of the certification statement. The term “will” means Sponsor action taken at appropriate
time based on the certification statement focus area, but no later than the end of the project period of
performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all
applicable statutory and administrative standards. The source of the requirement is referenced within
parenthesis.
1. A written code or standard of conduct is or will be in effect prior to commencement of the project
that governs the performance of the sponsor’s officers, employees, or agents in soliciting,
awarding and administering procurement contracts (2 CFR § 200.318).
Yes

No

N/A

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2. For all contracts, qualified and competent personnel are or will be engaged to perform contract
administration, engineering supervision, construction inspection, and testing
(Grant Assurance C.17).
Yes

No

N/A

3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file
with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and
49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts.
Yes

No

N/A

4. Sponsors required to have a DBE program on file with the FAA have implemented or will
implement monitoring and enforcement measures that:
a. Ensure work committed to Disadvantaged Business Enterprises at contract award is
actually performed by the named DBEs (49 CFR § 26.37(b));
b. Include written certification that the sponsor has reviewed contract records and has
monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and
c.
Yes

Provides for a running tally of payments made to DBE firms and a means for comparing
actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)).
No

N/A

5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was
or will be:
a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of
interested contractors or vendors;
b. Prepared to include a complete, adequate and realistic specification that defines the
items or services in sufficient detail to allow prospective bidders to respond;
c.

Publicly opened at a time and place prescribed in the invitation for bids; and

d. Prepared in a manner that result in a firm fixed price contract award to the lowest
responsive and responsible bidder.
Yes

No

N/A

6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR §
200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a
competitive proposal procurement by submitting to the FAA the following:
a. Written justification that supports use of competitive proposal method in lieu of the
preferred sealed bid procurement method;
b. Plan for publicizing and soliciting an adequate number of qualified sources; and
c.
Yes

Listing of evaluation factors along with relative importance of the factors.
No

N/A

7. For construction and equipment installation projects, the bid solicitation includes or will include the
current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part
200, Appendix II).
Yes

No

N/A

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8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to
contract award under any of the following circumstances (Order 5100.38D):
a. Only one qualified person/firm submits a responsive bid;
b. Award is to be made to other than the lowest responsible bidder; and
c.
Yes

Life cycle costing is a factor in selecting the lowest responsive bidder.
No

N/A

9. All construction and equipment installation contracts contain or will contain provisions for:
a. Access to Records (§ 200.336)
b. Buy American Preferences (Title 49 U.S.C. § 50101)
c.

Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60)

d. Federal Fair Labor Standards (29 U.S.C. § 201, et seq)
e. Occupational Safety and Health Act requirements (20 CFR part 1920)
f.

Seismic Safety – building construction (49 CFR part 41)

g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II)
h. U.S. Trade Restriction (49 CFR part 30)
i.
Yes

Veterans Preference (49 USC § 47112(c))
No

N/A

10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the
provisions established by:
a. Davis-Bacon and Related Acts (29 CFR part 5)
b. Copeland “Anti-Kickback” Act (29 CFR parts 3 and 5)
Yes

No

N/A

11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a
contract provision that discourages distracted driving (E.O. 13513).
Yes

No

N/A

12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable:
a. Construction and equipment installation projects - Applicable clauses from
41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal
Employment Opportunity;
b. Construction and equipment installation - Contract Clause prohibiting segregated facilities
in accordance with 41 CFR part 60-1.8;
c.

Requirement to maximize use of products containing recovered materials in accordance
with 2 CFR § 200.322 and 40 CFR part 247; and

d. Provisions that address termination for cause and termination for convenience
(2 CFR Part 200, Appendix II).
Yes

No

N/A

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13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g.
checking the System for Award Management) that ensure contracts and subcontracts are not
awarded to individuals or firms suspended, debarred, or excluded from participating in federally
assisted projects (2 CFR parts 180 and 1200).
Yes

No

N/A

14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include
provisions, as applicable, that address the following:
a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance
bond of 100%, and a payment bond of 100% (2 CFR § 200.325);
b. Construction and equipment installation contracts - requirements of the Contract Work
Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107);
c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II);
d. Conditions specifying administrative, contractual and legal remedies for instances where
contractor of vendor violate or breach the terms and conditions of the contract (2 CFR
§200, Appendix II); and
e. All Contracts - Applicable standards and requirements issued under Section 306 of the
Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC
1251-1387, and Executive Order 11738.
Yes

No

N/A

Attach documentation clarifying any above item marked with “No” response.
Sponsor’s Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and
additional documentation for any item marked “no” is correct and complete.
Executed on this

day of

,

.

Name of Sponsor:
Name of Sponsor’s Authorized Official:
Title of Sponsor’s Authorized Official:

Signature of Sponsor’s Authorized Official:
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and
willfully providing false information to the federal government is a violation of 18 USC § 1001 (False
Statements) and could subject me to fines, imprisonment, or both.

FAA Form 5100-131 (4/19) SUPERSEDES PREVIOUS EDITION

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