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3-53-0026-013-2018 <br />nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession <br />contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as <br />approved by DOT, are incorporated by reference in this agreement. Implementation of these <br />programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this <br />agreement. Upon notification to the sponsor of its failure to carry out its approved program, the <br />Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate <br />cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil <br />Remedies Act of 1936 (31 U.S.C. 3801). <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 section 47102 <br />of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for <br />access to gates or other facilities at that airport in order to allow the air carrier to provide <br />service to the airport or to expand service at the airport, the airport owner or operator shall <br />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 accommodated; and <br />3) Provides a time frame within which, if any, the airport will be able to accommodate the <br />requests. <br />b. Such report shall be due on either February 1 or August 1 of each year if the airport has been <br />unable to accommodate the request(s) in the six month period prior to the applicable due <br />date. <br />23 <br />March, 2014 <br />