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14 - TxDOT Airport Project Participation Agreement
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14 - TxDOT Airport Project Participation Agreement
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36. Access By Intercity Buses. <br />The airport owner or operator will permit, to the maximum extent practicable, intercity buses <br />or other modes of transportation to have access to the airport; however, it has no obligation to <br />fund special facilities for intercity buses or for other modes of transportation. <br />37. Disadvantaged Business Enterprises. <br />The sponsor shall not discriminate on the basis of race, color, national origin, sex, in the award <br />and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and <br />performance of any concession activity contract covered by 49 CFR Part 23. In addition, the <br />sponsor shall not discriminate on the basis of race, color, national origin or sex in the <br />administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions <br />Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 <br />and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 <br />to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or <br />concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 <br />and 23, and as approved by DOT, are incorporated by reference in this agreement. <br />Implementation of these programs is a legal obligation and failure to carry out its terms shall <br />be treated as a violation of this agreement. Upon notification to the sponsor of its failure to <br />carry out its approved program, the Department may impose sanctions as provided for under <br />Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 <br />U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, <br />3812). <br />38. Hangar Construction. <br />If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be <br />constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or <br />operator will grant to the aircraft owner for the hangar a long term lease that is subject to such <br />terms 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 49 <br />U.S.C. § 47102) has been unable to accommodate one or more requests by an air <br />carrier for access to gates or other facilities at that airport in order to allow the air <br />carrier to provide service to the airport or to expand service at the airport, the <br />airport owner or operator shall transmit a report to the Secretary that: <br />1. Describes the requests; <br />2. Provides an explanation as to why the requests could not be <br />accommodated; and <br />Provides a time frame within which, if any, the airport will be able to <br />accommodate the requests. <br />b. Such report shall be due on either February 1 or August 1 of each year if the <br />airport has been unable to accommodate the request(s) in the six month period <br />prior to the applicable due date. <br />Page 40 of 43 <br />
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