Pt. 152, App. A

14 CFR Ch. I (1-1-19 Edition)

[insert sponsor-s name] to any proposed assignment of any interest in or part of this
contract.
(3) Convict labor. No convict labor may be
employed under this contract.
(4) Veterans preference. In the employment
of labor (except in executive, administrative,
and supervisory positions), preference shall
be given to qualified individuals who have
served in the military service of the United
States (as defined in section 101(1) of the Soldiers- and Sailors- Civil Relief Act of 1940 (50
U.S.C. App. 501) and have been honorably discharged from the service, except that preference may be given only where that labor is
available locally and is qualified to perform
the work to which the employment relates.
(5) Withholding: sponsor from contractor.
Whether or not payments or advances to the
[insert sponsor-s name] are withheld or suspended by the FAA, the [insert sponsor-s
name] may withhold or cause to be withheld
from the contractor so much of the accrued
payments or advances as may be considered
necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages
required by this contract.
(6) Nonpayment of wages. If the contractor
or subcontractor fails to pay any laborer or
mechanic employed or working on the site of
the work any of the wages required by this
contract the [insert sponsor-s name] may,
after written notice to the contractor, take
such action as may be necessary to cause the
suspension of any further payment or advance of funds until the violations cease.
(7) FAA inspection and review. The contractor shall allow any authorized representative of the FAA to inspect and review any
work or materials used in the performance of
this contract.
(8) Subcontracts. The contractor shall insert
in each of his subcontracts the provisions
contained in paragraphs [insert designation
of 6 paragraphs of contract corresponding to
paragraphs (1), (3), (4), (5), (6), and (7) of this
paragraph], 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.
(9) Contract termination. A breach of paragraphs [insert designation of 3 paragraphs
corresponding to paragraphs (6), (7), and (8)
of this paragraph] may be grounds for termination of the contract.
II. Adjustment in Liquidated Damages
A contractor or subcontractor who has become liable for liquidated damages under the
provision set out in paragraph I.G of this appendix and who claims that the amount administratively determined as liquidated
damages under section 104(a) of the Contract
Work Hours and Safety Standards Act is in-

correct or that he violated inadvertently the
Contract Work Hours and Safety Standards
Act, notwithstanding the exercise of due
care, may - 
(1) If the amount determined is more than
$100, apply to the Administrator for a recommendation to the Secretary of Labor that
an appropriate adjustment be made or that
he be relieved of liability for the liquidated
damages; or
(2) If the amount determined is $100 or less,
apply to the Administrator for an appropriate adjustment in liquidated damages or
for release from liability for the liquidated
damages.
III. Corrected Wage Determinations
The Secretary of Labor corrects any wage
determination included in any contract
under this appendix whenever the wage determination contains clerical errors. A correction may be made at the Administrator-s
request or on the initiative of the Secretary
of Labor.
IV. Applicability of Interpretations of the
Secretary of Labor
When applicable by their terms, the regulations of the Secretary of Labor (29 CFR
5.20-5.32) interpreting the  - fringe benefit
provisions -  of the Davis-Bacon Act apply to
the contract provisions in this appendix.
V. Records
A sponsor who is required to include in a
construction contract the labor provisions
required by this appendix shall require the
contractor to comply with those provisions
and shall cooperate with the FAA in effecting that compliance. For this purpose the
sponsor shall - 
(1) Keep, and preserve, the record described
in paragraph IC for a 3-year period beginning
on the date the contract is completed, each
affidavit and payroll copy furnished by the
contractor, and make those affidavits and
copies available to the FAA, upon request,
during that period;
(2) Have each of those affidavits and payrolls examined by its resident engineer (or
any other of its employees or agents who is
qualified to make the necessary determinations), as soon as possible after receiving it,
to the extent necessary to determine whether the contractor is complying with the
labor provisions required by this appendix
and particularly with respect to whether the
contractor-s employees are correctly classified;
(3) Have investigations made during the
performance of work under the contract, to
the extent necessary to determine whether
the contractor is complying with those labor
provisions, including in the investigations,
interviews with employees and examinations
of payroll information at the work site by

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