Pt. 151, App. H

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

Code of Federal Regulations. Section
151.49(a) requires sponsors to insert this provision 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 account (except such payroll deductions as are
permitted by regulations issued by the Secretary 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 determination decision(s) of the Secretary of Labor
which is (are) attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics; and the wage determination decision(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 anticipated under section 1(b)(2) of the DavisBacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or
mechanics, subject to the provisions of subparagraph (4) below. Also for the purpose of
this paragraph, regular contributions made
or costs incurred for more than a weekly period under plans, funds, or programs, but
covering the particular weekly period, are
deemed to be constructively made or incurred 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 determination(s) and which is to be employed under
the contract, shall be classified or reclassified comformably to the wage determination(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 interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers and mechanics to be
used, the question accompanied by the recommendation of the FAA shall be referred to
the Secretary of Labor for final determination (29 CFR 5.5(a)(1)(ii)).
(3) Whenever the minimum wage rate prescribed 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 payments to a trustee or other third person, he
may consider as part of the wages of any laborer 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 contractor to set aside in a separate account assets 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 mechanics 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 mechanic 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 advance 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 classification, rates of pay (including rates of contributions or costs anticipated of the types
described in section 1(b)(2) of the DavisBacon 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 subparagraph (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 contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program
is financially responsible, and that the plan

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