Section 151.51

14 CFR Ch. I (1-1-19 Edition)

(5) Withholding: Sponsor from contractor. Whether or not payments or advances to the [insert sponsor-s name]
are withheld or suspended by the FAA,
the [insert sponsor-s name] may withhold or cause to be withheld from the
contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or
any subcontractor on the work the full
amount of wages required by this contract.
(6) Nonpayment of wages. If the contractor or subcontractor fails to pay
any laborer or mechanic employed or
working on the site of the work any of
the wages required by this contract the
[insert sponsor-s name] may, after
written notice to the contractor, take
such action as may be necessary to
cause the suspension of any further
payment or advance of funds until the
violations cease.
(7) FAA inspection and review. The
contractor shall allow any authorized
representative of the FAA to inspect
and review any work or materials used
in the performance of this contract.
(8) Subcontracts. The contractor shall
insert in each of his subcontracts the
provisions contained in paragraphs [insert designations of 6 paragraphs of
contract corresponding to paragraphs
(1), (3), (4), (5), (6) and (7) of this paragraph], and also a clause requiring the
subcontractors to include these provisions in any lower tier subcontracts
which they may enter into, together
with a clause requiring this insertion
in any further subcontracts that may
in turn be made.
(9) Contract termination. A breach of
paragraphs [insert designation of 3
paragraphs corresponding to paragraphs (6), (7) and (8) of this paragraph]
may be grounds for termination of the
contract.
(b) Exemption of certain contracts. Appendix H to this part and paragraph
(a)(5) of this section do not apply to
prime contracts of $2,000 or less.
(c) Adjustment in liquidated damages. A
contractor or subcontractor who has
become liable for liquidated damages
under paragraph G of appendix H and
who claims that the amount administratively determined as liquidated
damages under section 104(a) of the

Contract Work Hours Standards Act is
incorrect or that he violated inadvertently the Contract Work Hours Standards Act notwithstanding the exercise
of due care, may - 
(1) If the amount determined is more
than $100, apply to the Administrator
for a recommendation to the Secretary
of Labor that an appropriate adjustment be made or that he be relieved of
liability for such liquidated damages;
or
(2) If the amount determined is $100
or less, apply to the Administrator for
an appropriate adjustment in liquidated damages or for release from liability for the liquidated damages.
(d) Corrected wage determinations. The
Secretary of Labor corrects any wage
determination included in any contract
under this section whenever the wage
determination contains clerical errors.
A correction may be made at the Administrator-s request or on the initiative of the Secretary of Labor.
(e) Secretary of Labor-s interpretations
apply. Where applicable by their terms,
the regulations of the Secretary of
Labor (29 CFR 5.20-5.32) interpreting
the  - fringe benefit provisions -  of the
Davis-Bacon Act apply to the contract
provisions in appendix H, and to this
section.
[Amdt. 151-6, 29 FR 18001, Dec. 18, 1964, as
amended by Amdt. 151-7, 30 FR 7484, June 6,
1965]

Section 151.51 Performance of construction
work: Sponsor force account.
(a) Before undertaking any force account construction work, the sponsor
(or any public agency acting as agent
for the sponsor) must obtain the written consent of the Administrator
through the Area Manager. In requesting that consent, the sponsor must submit - 
(1) Adequate plans and specifications
showing the nature and extent of the
construction work to be performed
under that force account;
(2) A schedule of the proposed construction and of the construction
equipment that will be available for
the project;

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