701 

Federal Aviation Administration, DOT 

§ 151.51 

(5) 

Withholding: Sponsor from con-

tractor. 

Whether or not payments or ad-

vances to the [insert sponsor’s name] 
are withheld or suspended by the FAA, 
the [insert sponsor’s name] may with-
hold or cause to be withheld from the 
contractor so much of the accrued pay-
ments or advances as may be consid-
ered necessary to pay laborers and me-
chanics employed by the contractor or 
any subcontractor on the work the full 
amount of wages required by this con-
tract. 

(6) 

Nonpayment of wages. 

If the con-

tractor 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 [in-
sert designations of 6 paragraphs of 
contract corresponding to paragraphs 
(1), (3), (4), (5), (6) and (7) of this para-
graph], and also a clause requiring the 
subcontractors to include these provi-
sions 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 para-
graphs (6), (7) and (8) of this paragraph] 
may be grounds for termination of the 
contract. 

(b) 

Exemption of certain contracts. 

Ap-

pendix H to this part and paragraph 
(a)(5) of this section do not apply to 
prime contracts of $2,000 or less. 

(c) 

Adjustment in liquidated damages. 

A 

contractor or subcontractor who has 
become liable for liquidated damages 
under paragraph G of appendix H and 
who claims that the amount adminis-
tratively determined as liquidated 
damages under section 104(a) of the 

Contract Work Hours Standards Act is 
incorrect or that he violated inadvert-
ently the Contract Work Hours Stand-
ards 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 adjust-
ment be made or that he be relieved of 
liability for such liquidated damages; 
or 

(2) If the amount determined is $100 

or less, apply to the Administrator for 
an appropriate adjustment in liq-
uidated damages or for release from li-
ability for the liquidated damages. 

(d) 

Corrected wage determinations. 

The 

Secretary of Labor corrects any wage 
determination included in any contract 
under this section whenever the wage 
determination contains clerical errors. 
A correction may be made at the Ad-
ministrator’s request or on the initia-
tive of the Secretary of Labor. 

(e) 

Secretary of Labor’s interpretations 

apply. 

Where 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 appendix H, and to this 
section. 

[Amdt. 151–6, 29 FR 18001, Dec. 18, 1964, as 
amended by Amdt. 151–7, 30 FR 7484, June 6, 
1965] 

§ 151.51 Performance of construction 

work: Sponsor force account. 

(a) Before undertaking any force ac-

count construction work, the sponsor 
(or any public agency acting as agent 
for the sponsor) must obtain the writ-
ten consent of the Administrator 
through the Area Manager. In request-
ing that consent, the sponsor must sub-
mit— 

(1) Adequate plans and specifications 

showing the nature and extent of the 
construction work to be performed 
under that force account; 

(2) A schedule of the proposed con-

struction and of the construction 
equipment that will be available for 
the project; 

702 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.53 

(3) Assurance that adequate labor, 

material, equipment, engineering per-
sonnel, as well as supervisory and in-
spection personnel as required by 
§ 151.45(f), will be provided; and 

(4) A detailed estimate of the cost of 

the work, broken down for each class of 
costs involved, such as labor, mate-
rials, rental of equipment, and other 
pertinent items of cost. 

(b) [Reserved] 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–17, 31 FR 16525, Dec. 
28, 1966; Amdt. 151–31, 34 FR 4885, Mar. 6, 1969] 

§ 151.53 Performance of construction 

work: Labor requirements. 

A sponsor who is required to include 

in a construction contract the labor 
provisions required by § 151.49 shall re-
quire the contractor to comply with 
those provisions and shall cooperate 
with the FAA in effecting that compli-
ance. For this purpose the sponsor 
shall— 

(a) Keep, and preserve, for a three- 

year period beginning on the date the 
contract is completed, each affidavit 
and payroll copy furnished by the con-
tractor, and make those affidavits and 
copies available to the FAA, upon re-
quest, during that period; 

(b) Have each of those affidavits and 

payrolls examined by its resident engi-
neer (or any other of its employees or 
agents who are qualified to make the 
necessary determinations), as soon as 
possible after receiving it, to the ex-
tent necessary to determine whether 
the contractor is complying with the 
labor provisions required by § 151.49 and 
particularly with respect to whether 
the contractor’s employees are cor-
rectly classified; 

(c) Have investigations made during 

the performance of work under the con-
tract, to the extent necessary to deter-
mine whether the contractor is com-
plying with those labor provisions, par-
ticularly with respect to whether the 
contractor’s employees are correctly 
classified, including in the investiga-
tions, interviews with employees and 
examinations of payroll information at 
the work site by the sponsor’s resident 
engineer (or any other of its employees 
or agents who are qualified to make 
the necessary determinations); and 

(d) Keep the Area Manager fully ad-

vised of all examinations and inves-
tigations made under this section, all 
determinations made on the basis of 
those examinations and investigations, 
and all efforts made to obtain compli-
ance with the labor provisions of the 
contract. 

For the purposes of paragraph (c) of 
this section, the sponsor shall give pri-
ority to complaints of alleged viola-
tions, and shall treat as confidential 
any written or oral statements made 
by any employee. The sponsor may not 
disclose an employee’s statement to a 
contractor without the employee’s con-
sent. 

§ 151.54 Equal employment oppor-

tunity requirements: Before July 1, 

1968. 

In conformity with Executive Order 

11246 of September 24, 1965 (30 FR 12319, 
3 CFR, 1965 Supp., p. 167) the regula-
tions of the former President’s Com-
mittee on Equal Employment Oppor-
tunity, 41 CFR part 60–1 (28 FR 9812, 
11305), as adopted ‘‘to the extent not in-
consistent with Executive Order 11246’’ 
by the Secretary of Labor (‘‘Transfer of 
Functions,’’ Oct. 19, 1965, 30 FR 13441), 
are incorporated by reference into sub-
parts B and C of this part as set forth 
below. They are referred to in this sec-
tion by section numbers of part 60–1 of 
title 41. 

(a) 

Equal employment opportunity re-

quirements. 

There are hereby incor-

porated by reference into subparts B 
and C, as requirements, the provisions 
of § 60–1.3(b)(1). The FAA is primarily 
responsible for the sponsor’s compli-
ance. 

(b) 

Equal employment opportunity re-

quirements in construction contracts. 

The 

sponsor shall cause the ‘‘equal oppor-
tunity clause’’ in § 60–1.3(b)(1) to be in-
corporated into all prime contracts and 
subcontracts as required by § 60–1.3(c). 

(c) 

Reporting requirements for contrac-

tors and subcontractors. 

The sponsor 

shall cause the filing of compliance re-
ports by contractors and subcontrac-
tors as provided in § 60–1.6(a) and the 
furnishing of such other information as 
may be required under that provision. 

(d) 

Bidders’ reports. 

(1) The sponsor 

shall include in his invitations for bids 
or negotiations for contracts, and shall