708 

14 CFR Ch. I (1–1–19 Edition) 

Pt. 151, App. H 

Code of Federal Regulations. Section 
151.49(a) requires sponsors to insert this pro-
vision in full in each construction contract. 

PROVISION REQUIRED BY THE REGULATIONS OF

 

THE SECRETARY OF LABOR

 

A. Minimum wages. 

(1) All mechanics and 

laborers employed or working upon the site 
of the work will be paid unconditionally and 
not less often than once a week, and without 
subsequent deduction or rebate on any ac-
count (except such payroll deductions as are 
permitted by regulations issued by the Sec-
retary of Labor under the Copeland Act [29 
CFR part 3]), the full amounts due at time of 
payment computed at wage rates not less 
than those contained in the wage determina-
tion decision(s) of the Secretary of Labor 
which is (are) attached hereto and made a 
part hereof, regardless of any contractual re-
lationship which may be alleged to exist be-
tween the contractor and such laborers and 
mechanics; and the wage determination deci-
sion(s) shall be posted by the contractor at 
the site of the work in a prominent place 
where it (they) can be easily seen by the 
workers. For the purpose of this paragraph, 
contributions made or costs reasonably an-
ticipated under section 1(b)(2) of the Davis- 
Bacon Act on behalf of laborers or mechanics 
are considered wages paid to such laborers or 
mechanics, subject to the provisions of sub-
paragraph (4) below. Also for the purpose of 
this paragraph, regular contributions made 
or costs incurred for more than a weekly pe-
riod under plans, funds, or programs, but 
covering the particular weekly period, are 
deemed to be constructively made or in-
curred during such weekly period (29 CFR 
5.5(a)(1)(i)). 

(2) Any class of laborers or mechanics 

which is not listed in the wage determina-
tion(s) and which is to be employed under 
the contract, shall be classified or reclassi-
fied comformably to the wage determina-
tion(s), and a report of the action taken shall 
be sent by the [insert sponsor’s name] to the 
FAA for approval and transmittal to the 
Secretary of Labor. In the event that the in-
terested parties cannot agree on the proper 
classification or reclassification of a par-
ticular class of laborers and mechanics to be 
used, the question accompanied by the rec-
ommendation of the FAA shall be referred to 
the Secretary of Labor for final determina-
tion (29 CFR 5.5(a)(1)(ii)). 

(3) Whenever the minimum wage rate pre-

scribed in the contract for a class of laborers 
or mechanics includes a fringe benefit which 
is not expressed as an hourly wage rate and 
the contractor is obligated to pay a cash 
equivalent of such a fringe benefit, an hourly 
cash equivalent thereof shall be established. 
In the event the interested parties cannot 
agree upon a cash equivalent of the fringe 
benefit, the question, accompanied by the 

recommendation of the FAA shall be referred 
to the Secretary of Labor for determination 
(29 CFR 5.5(a)(1)(iii)). 

(4) If the contractor does not make pay-

ments to a trustee or other third person, he 
may consider as part of the wages of any la-
borer or mechanic the amount of any costs 
reasonably anticipated in providing benefits 
under a plan or program of a type expressly 
listed in the wage determination decision of 
the Secretary of Labor which is a part of this 
contract: 

Provided, however, 

The Secretary of 

Labor has found, upon the written request of 
the contractor, that the applicable standards 
of the Davis-Bacon Act have been met. The 
Secretary of Labor may require the con-
tractor to set aside in a separate account as-
sets for the meeting of obligations under the 
plan or program. 

B. Withholding: FAA from sponsor. 

Pursuant 

to the terms of the grant agreement between 
the United States and [insert sponsor’s 
name], relating to Federal-aid Airport 
Project No. 

ll

, and part 151 of the Federal 

Aviation Regulations (14 CFR part 151), the 
FAA may withhold or cause to be withheld 
from the [insert sponsor’s name] so much of 
the accrued payments or advances as may be 
considered necessary to pay laborers and me-
chanics employed by the contractor or any 
subcontractor on the work the full amount 
of wages required by this contract. In the 
event of failure to pay any laborer or me-
chanic employed or working on the site of 
the work all or part of the wages required by 
this contract, the FAA may, after written 
notice to the [insert sponsor’s name], take 
such action as may be necessary to cause the 
suspension of any further payment or ad-
vance of funds until such violations have 
ceased (29 CFR 5.5(a)(2)). 

C. Payrolls and basic records. 

(1) Payrolls 

and basic records relating thereto will be 
maintained during the course of the work 
and preserved for a period of three years 
thereafter for all laborers and mechanics 
working at the site of the work. Such 
records will contain the name and address of 
each such employee, his correct classifica-
tion, rates of pay (including rates of con-
tributions or costs anticipated of the types 
described in section 1(b)(2) of the Davis- 
Bacon Act), daily and weekly number of 
hours worked, deductions made and actual 
wages paid. Whenever the Secretary of Labor 
has found, under 29 CFR 5.5(a)(1)(iv) (see sub-
paragraph (4) of subparagraph (A) above), 
that the wages of any laborer or mechanic 
include the amount of any costs reasonably 
anticipated in providing benefits under a 
plan or program described in section 
1(b)(2)(B) of the Davis-Bacon Act, the con-
tractor shall maintain records which show 
that the commitment to provide such bene-
fits is enforceable, that the plan or program 
is financially responsible, and that the plan 

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