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Legal Issues Relating to Airport Commercial Contracts Copyright National Academy of Sciences. All rights reserved. CONTENTS I. Introduction, 3 II. Authority, 4 A. Contracting Authority, 4 B. Appropriation and Funding Authority, 6 C. Real Property, 8 III. Contracting Process, 9 A. Contracting and Procurement Issues, 9 B. Procurement Systems, 9 C. Procurement Requirements, 10 D. Concessions Solicitations, 11 E. Good Faith and Fair Dealing, 11 F. Procurement Ethics Issues, 11 IV. Common Contract Issues, 14 A. Indemnification and Limitation of Liability, 14 B. Contract Incentives, Penalties and Service Level Agreements, 17 C. Rights in Data, 18 D. Termination for Convenience, 22 E. Business Inclusion Issues, 23 F. Hiring Preferences, 25 G. Social Policies, 26 H. Project Labor Agreements and Labor Peace Agreements, 26 I. Prevailing Wage Laws, 27 J. Living Wage Statutes, 27 K. Dispute Resolution, 27 L. Freedom of Information and Sunshine Law Issues, 28 M. Standard Contract Provisions, 29 V. Conclusion, 30 2 ACRP LRD 41
