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32. N:ngineering and Design Services. II will award each contract, or sub-contract for program management, construction <br />management, planning studies, feasibility studios, architectural services, preliminary engineering, design, engineering, surveying, mapping or <br />related services with respect to the; project in the same manner as a contract tilt architectural and engineering services is negotiated under 'title I~ of <br />the Federal Property and Administrative Services Acl of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of <br />the airport. <br />33. Foreign Market Restrictions. It will not allow funds provided under this grant to he used to fund any project which uses <br />any product or service of a foreign country dunng the period in which such foreign country is listed by the United Stales Trade Representative as <br />denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. <br />34. Policies, Standards, and Specifications. It will carry out the pro)ect in accordance with policies, standards, and <br />spucitications approved by the Secretary including but not limited to the advisory circulars fisted in the Current FAA Advisory Circulars for AIP <br />projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the <br />Secretary. <br />35. Relocation and Real Property Acquisition. (1) It will be guided in acqumng real property, to the greatest extent practicable <br />under State law, by the land acquisition policies in Subpart L3 of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses <br />as specified in Subpart I3. (2) It will provide a relocation assistance program ot7cring the services described in Subpart C and fair and reasonable <br />relocation payments and assistance to displaced persons as required in Subpart U and F of49 CFR Part 24 13) It will make available within a <br />reasonable period of time pnor to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart L of 49 CPR <br />Part 24 <br />3(. Access By Intercity Buses. 'the airport owner or operator will permit, to the maximum extent practicable, intercity buses or <br />other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for <br />othennodes of transportation. <br />37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex <br />in the award and perfbrmunce of any DOT-assisted contract or in the administration of its D13G program or the requirements of 49 CFR Part 26. <br />'the Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of <br />DOT-assisted contracts. The recipient's DE3E program, as required by 49 CFR Part 26, and as approved by DO'f, is incorporated by reference in <br />this agreement hnplementalion of this program is a Icgal obligation and failure to carry out its terms shall be treated as a violation of this <br />agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for <br />under Part 26 and may, in appropriate cases, refer the matter for enforcement under I8 U.S C l0U I and/or the Program Fraud Civil Remedies Act <br />of 1986 (31 U.S.C 3801). <br />38. Hangar Construction. If the airport owner or operator and a person who owns an aireralt agree that a hangar is to be <br />constructed at the airport for the aireralt at the aircraft owner's expense. the airport owner or operator will gran) to the aircraft owner for the hangar <br />a long term lease that is subject to such teens and conditions on the hangar as the airport owner or operator may impose. <br />39. Competitive Access. <br />a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) <br />has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that auport in <br />order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator <br />shall transmit a report to the Secretary that- <br />l. Describes the requests; <br />2. Provides an explanation as to why the requests could not be accommodated, and <br />3. Provides a time frame within which, ifany, the airport will be able to accommodate thu requests. <br />b. Such report shall be due on either February I or August I of each year if the airport has been unable to <br />accommodate the request(s) in the six month period prior to the applicable due dale. <br />23 of 27 <br />