736
14 CFR Ch. I (1–1–19 Edition)
Pt. 152, App. A
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 fur-
ther 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 3 years there-
after 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 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 paragraph (4) of paragraph A
above), that the wages of any laborer or me-
chanic include the amount of any costs rea-
sonably 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
or program has been communicated in writ-
ing to the laborers or mechanics affected,
and records which show the costs anticipated
or the actual costs incurred in providing
such benefits (29 CFR 5.5(a)(3)(i)).
(2) The contractor will submit weekly a
copy of all payrolls to the [insert sponsor’s
name] for availability to the FAA. The copy
shall be accompanied by a statement signed
by the employer or his agent indicating that
the payrolls are correct and complete, that
the wage rates contained therein are not less
than those determined by the Secretary of
Labor and that the classifications set forth
for each laborer or mechanic conform with
the work he performed. A submission of a
‘‘Weekly Statement of Compliance’’ which is
required under this contract and the
Copeland regulations of the Secretary of
Labor (29 CFR part 3) and the filing with the
initial payroll or any subsequent payroll of a
copy of any findings by the Secretary of
Labor under 29 CFR 5.5(a)(1)(iv) (see para-
graph (4) of paragraph A above), shall satisfy
this requirement. The prime contractor shall
be responsible for submission of copies of
payrolls of all subcontractors. The con-
tractor will make the records required under
the labor standards clauses of the contract
available for inspection by authorized rep-
resentatives of the FAA and the Department
of Labor, and will permit such representa-
tives to interview employees during working
hours on the job. Contractors employing ap-
prentices or trainees under approved pro-
grams shall include a notation on the first
weekly certified payrolls submitted to the
[insert sponsor’s name] for availability to
the FAA, that their employment is pursuant
to an approved program and shall identify
the program (29 CFR 5.5(a)(3)(ii)).
D. Apprentices and trainees
—(1)
Apprentices.
Apprentices will be permitted to work at less
than the predetermined rate for the work
they performed when they are employed and
individually registered in a bona fide appren-
ticeship program registered with the U.S.
Department of Labor, Employment and
Training Administration, Bureau of Appren-
ticeship and Training, or with a State Ap-
prenticeship Agency recognized by the Bu-
reau, or if a person is employed in his first 90
days of probationary employment as an ap-
prentice in such an apprenticeship program,
who is not individually registered in the pro-
gram, but who has been certified by the Bu-
reau of Apprenticeship and Training or a
State Apprenticeship Agency (where appro-
priate) to be eligible for probationary em-
ployment as an apprentice. The allowable
ratio of apprentices to journeymen in any
craft classification shall not be greater than
the ratio permitted to the contractor as to
his entire work force under the registered
program. Any employee listed on a payroll
at an apprentice wage rate, who is not a
trainee as defined in paragraph (2) of this
paragraph or is not registered or otherwise
employed as stated above, shall be paid the
wage rate determined by the Secretary of
Labor for the classification of work he actu-
ally performed. The contractor or subcon-
tractor will be required to furnish to the [in-
sert sponsor’s name] or a representative of
the Wage-Hour Division of the U.S. Depart-
ment of Labor written evidence of the reg-
istration of his program and apprentices as
well as the appropriate ratios and wage rates
(expressed in percentages of the journeyman
hourly rates), for the area of construction
prior to using any apprentices on the con-
tract work. The wage rate paid apprentices
shall be not less than the appropriate per-
centage of the journeyman’s rate contained
in the applicable wage determination (29
CFR 5.5(a)(4)(i)).
(2)
Trainees.
Except as provided in 29 CFR
5.15 trainees will not be permitted to work at
less than the predetermined rate for the
work performed unless they are employed
pursuant to and individually registered in a
program which has received prior approval,
evidenced by formal certification by the U.S.
Department of Labor, Employment and
Training Administration. Bureau of Appren-
ticeship and Training. The ratio of trainees
to journeymen shall not be greater than per-
mitted under the plan approved by the Bu-
reau of Apprenticeship and Training. Every
trainee must be paid at not less than the
rate specified in the approved program for
his level of progress. Any employee listed on
VerDate Sep<11>2014
08:20 May 17, 2019
Jkt 247048
PO 00000
Frm 00746
Fmt 8010
Sfmt 8002
Y:\SGML\247048.XXX
247048