Federal Aviation Administration, DOT

Pt. 152, App. A

the payroll at a trainee rate who is not registered 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 actually performed. The contractor or subcontractor 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 certification of his program, the registration of the
trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws 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 utilization of apprentices, trainees and journeymen under this paragraph shall be in conformity with the equal employment opportunity 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 contracts 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 incorporated 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 involve the employment of laborers or mechanics 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 11-2 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; liquidated damages. In the event of any violation of paragraph F of this provision, the
contractor and any subcontractor responsible 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 laborer 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 payment of the overtime wages required by said
paragraph F of this provision (29 CFR
5.5(c)(2)).
H. Withholding for unpaid wages and liquidated damages. The FAA may withhold or
cause to be withheld, from any monies payable 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 contained in paragraphs A through K of this provision, and also a clause requiring the subcontractors 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 debarment as provided in Section 5.6 of the Regulations 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 Development 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 agreement 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 Regulations (14 CFR part 152), pursuant to which
the United States has agreed to pay a certain 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 representative 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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