Federal Aviation Administration, DOT

Pt. 152, App. A

APPENDIX A TO PART 152 - CONTRACT
AND LABOR PROVISIONS
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, extending, changing, removing, or relocating
that structure or facility, and (2) any written 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 supplemental agreement:
(1) The provisions required by the Secretary 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 ensure 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 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 paragraph (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, including 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 conformably 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, including apprentices
and trainees, 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 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 (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 mechanics, including apprentices and trainees,
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 mechanics, including any apprentice or trainee, employed

735

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00745

Fmt 8010

Sfmt 8002

Y:\SGML\247048.XXX

247048