735 

Federal Aviation Administration, DOT 

Pt. 152, App. A 

A

PPENDIX

A 

TO

P

ART

152—C

ONTRACT

 

AND

L

ABOR

P

ROVISIONS

 

This appendix sets forth contract and labor 

provisions applicable to grants under the 
Airport and Airway Development Act of 1970. 

This appendix does not apply to: (1) Any 

contract with the owner of airport hazards, 
buildings, pipelines, powerlines, or other 
structures or facilities, for installing, ex-
tending, changing, removing, or relocating 
that structure or facility, and (2) any writ-
ten agreement or understanding between a 
sponsor and another public agency that is 
not a sponsor of the project, under which the 
public agency undertakes construction work 
for or as agent of the sponsor. 

I. Contract Provisions Required by the 

Regulations of the Secretary of Labor 

Each sponsor entering into a construction 

contract for an airport development project 
shall insert in the contract and any supple-
mental agreement: 

(1) The provisions required by the Sec-

retary of Labor, as set forth in paragraphs A 
through K; 

(2) The provisions set forth in paragraph L, 

and 

(3) Any other provisions necessary to en-

sure completion of the work in accordance 
with the grant agreement. 

The provisions in paragraphs A through K 
and provision (5) in paragraph L need not be 
included in prime contracts of $2,000 or less. 

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 para-
graph (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 cov-
ering 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, in-

cluding apprentices and trainees, which is 
not listed in the wage determination(s) and 
which is to be employed under the contract, 
shall be classified or reclassified conform-
ably to the wage determination(s), and a re-
port of the action taken shall be sent by the 
[insert sponsor’s name] to the FAA for ap-
proval and transmittal to the Secretary of 
Labor. In the event that the interested par-
ties cannot agree on the proper classification 
or reclassification of a particular class of la-
borers and mechanics, including apprentices 
and trainees, to be used, the question accom-
panied 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 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 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 (29 CFR 5.5(a)(1)(iv)). 

B. Withholding: FAA from sponsor. 

Pursuant 

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

l

, and part 152 of the Federal 

Aviation Regulations (14 CFR part 152), 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, including apprentices and trainees, 
employed by the contractor or any subcon-
tractor on the work the full amount of wages 
required by this contract. In the event of 
failure to pay any laborer or mechanics, in-
cluding any apprentice or trainee, employed 

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