(1) Federal Aid to Airport Program Project. The
work in this contract is included in Federal-aid Airport Project No. _,
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 Federal
Airport Act (49 U.S.C. 1101) and part 151 of the Federal Aviation
Regulations (14 CFR part 151), 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 [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) and have been honorably
discharged from that 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
designations 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.
(b) Exemption of certain contracts.
Appendix 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
administratively determined as liquidated damages under section 104(a) of
the Contract Work Hours Standards Act is incorrect or that he violated
inadvertently the Contract Work Hours 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 such 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
(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 Administrator's request
or on the initiative 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]