737 

Federal Aviation Administration, DOT 

Pt. 152, App. A 

the payroll at a trainee rate who is not reg-
istered and participating in a training plan 
approved by the Bureau of Apprenticeship 
and Training shall be paid not less than 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 the [insert 
sponsor’s name] or a representative of the 
Wage-Hour Division of the U.S. Department 
of Labor written evidence of the certifi-
cation of his program, the registration of the 
trainees, and the ratios and wage rates pre-
scribed in that program. In the event the Bu-
reau of Apprenticeship and Training with-
draws approval of a training program, the 
contractor will no longer be permitted to 
utilize trainees at less than the applicable 
predetermined rate for the work performed 
until an acceptable program is approved (29 
CFR 5.5(a)(4)(ii)). 

(3) 

Equal employment opportunity. 

The utili-

zation of apprentices, trainees and journey-
men under this paragraph shall be in con-
formity with the equal employment oppor-
tunity requirements of Executive Order 
11246, as amended, and 29 CFR part 30 (29 
CFR 5.5(a)(4)(iii)). 

(4) 

Application of 29 CFR 5.5(a)(4). 

On con-

tracts in excess of $2,000 the employment of 
all apprentices and trainees as defined in 29 
CFR 5.2(c) shall be subject to the provisions 
of 29 CFR 5.5(a)(4) (see paragraph D(1), (2), 
and (3) above). 

E. Compliance with Copeland Regulations. 

The contractor shall comply with the 
Copeland Regulations (29 CFR part 3) of the 
Secretary of Labor which are herein incor-
porated by reference (29 CFR 5.5(a)(5)). 

F. Overtime requirements. 

No contractor or 

subcontractor contracting for any part of 
the contract work which may require or in-
volve the employment of laborers or me-
chanics shall require or permit any laborer 
or mechanic in any workweek in which he is 
employed on such work to work in excess of 
8 hours in any calendar day or in excess of 40 
hours in such workweek unless such laborer 
or mechanic received compensation at a rate 
not less than 1

1

⁄

2

times his basic rate of pay 

for all hours worked in excess of 8 hours in 
any calendar day or in excess of 40 hours in 
such workweek, as the case may be (29 CFR 
5.5(c)(1)). 

G. Violations; liability for unpaid wages; liq-

uidated damages. 

In the event of any viola-

tion of paragraph F of this provision, the 
contractor and any subcontractor respon-
sible therefor shall be liable to any affected 
employee for his unpaid wages. In addition, 
such contractor and subcontractor shall be 
liable to the United States for liquidated 
damages. Such liquidated damages shall be 
computed, with respect to each individual la-
borer or mechanic employed in violation of 
said paragraph F of this provision, in the 
sum of $10 for each calendar day on which 

such employee was required or permitted to 
work in excess of 8 hours or in excess of the 
standard workweek of 40 hours without pay-
ment of the overtime wages required by said 
paragraph F of this provision (29 CFR 
5.5(c)(2)). 

H. Withholding for unpaid wages and liq-

uidated damages. 

The FAA may withhold or 

cause to be withheld, from any monies pay-
able on account of work performed by the 
contractor or subcontractor, such sums as 
may administratively be determined to be 
necessary to satisfy any liabilities of such 
contractor or subcontractor for unpaid 
wages and liquidated damages as provided in 
paragraph G of this provision (29 CFR 
5.5(c)(3)). 

I. Working conditions. 

No contractor may 

require any laborer or mechanic employed in 
the performance of any contract to work in 
surroundings or under working conditions 
that are unsanitary, hazardous, or dangerous 
to his health or safety as determined under 
construction safety and health standards (29 
CFR part 1926) and other occupational and 
health standards (29 CFR part 1910) issued by 
the Department of Labor. 

J. Subcontracts. 

The contractor will insert 

in each of his subcontracts the clauses con-
tained in paragraphs A through K of this pro-
vision, and also a clause requiring the sub-
contractors to include these provisions in 
any lower tier subcontracts which they may 
enter into, together with a clause requiring 
this insertion in any further subcontracts 
that may in turn be made (29 CFR 5.5(a)(6), 
5.5(c)(4)). 

K. Contract termination debarment. 

A breach 

of clause A, B, C, D, E, or J may be grounds 
for termination of the contract, and for de-
barment as provided in § 5.6 of the Regula-
tions of the Secretary of Labor as codified in 
29 CFR 5.6 (29 CFR 5.5(a)(7)). 

L. Additional contract provisions

—(1) 

Airport 

Development Aid Program Project. 

The work in 

this contract is included in Airport Develop-
ment Aid Program Project No. 

l

, which is 

being undertaken and accomplished by the 
[insert sponsor’s name] in accordance with 
the terms and conditions of a grant agree-
ment between the [insert sponsor’s name] 
and the United States, under the Airport and 
Airway Development Act of 1970 (84 Stat. 219) 
and part 152 of the Federal Aviation Regula-
tions (14 CFR part 152), pursuant to which 
the United States has agreed to pay a cer-
tain percentage of the costs of the project 
that are determined to be allowable project 
costs under that Act. The United States is 
not a party to this contract and no reference 
in this contract to the FAA or any represent-
ative thereof, or to any rights granted to the 
FAA or any representative thereof, or the 
United States, by the contract, makes the 
United States a party to this contract. 

(2) 

Consent to assignment. 

The contractor 

shall obtain the prior written consent of the 

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