Part 6 - Labor Provisions• ` '-4_i i
Each airport sponsor entering into a construction contract for an airport development project is required to
insert in the contract the following provisions from 29 CFR 5.5 except that contracts for $2,000 or less need
not contain the provisions.
The Contractor shall obtain the prior written consent of the Sponsor to any proposed assignment of any interest
in or part of this contract.
2. CONVICT LABOR
No convict labor may be employed under this contract.
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Whether or not payments or advances to the Sponsor are withheld or suspended by the FAA, the Sponsor 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.
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 Sponsor 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.
5. MINIMUM WAGES
Refer to the Contract, Davis Bacon Requirements 29 CFR Part 5
The following information represents the data required to be included in contracts for the information of
contractors:
a. Criteria for Measuring Diligent Effort. A contractor will be deemed to have made a "diligent
effort" as required by 29 CFR Part 5a(3) if, during the performance of the contract, he
accomplishes at least one of the following three objectives:
(1) The contractor employs on this project a number of apprentices and trainees by craft
as required by the contract clauses in accordance with subparagraph b of this
paragraph.
(2) The contractor employs on all his public and private construction work combined in
the labor market area of this project, an average number of apprentices and trainees
by craft as required by the contract clauses, at least equal to the ratios established by
subparagraph b of this paragraph.
LABOR PROVISIONS PAGE 1
(3) Written Notice:
(a) Before commencement of work on the project, the contractor if covered by a
collective bargaining agreement will give written notice to all joint
apprenticeship committees; the local U.S. Employment Security Office; local
chapter of Urban League, Workers Defense League, or other local
organization concerned with minority employment; and the Bureau of
Apprenticeship and Training Representative, U.S. Department of Labor, for
the locality. The contractor, if not covered by a collective bargaining
agreement, will give written notice to all the groups stated above except joint
apprenticeship committees; the contractor will also notify all non joint
apprenticeship sponsors in the labor market area.
(b) The notice will include at least the contractor's name and address, the job site
address, value of contract, expected starting and completion dates, the
estimated average number of employees in each occupation to be employed
over the duration of the contract, and a statement of his willingness to
employ a number of apprentices and trainees at least equal to the ratios
established by subparagraph b.
(c) The contractor must employ all qualified applicants referred to him through
normal channels (such as the Employment Service, the Joint Apprenticeship
Committee and, where applicable, minority organizations and apprentice
outreach programs that have been delegated this function) at least up to the
number of such apprentices and trainees required by the applicable
provisions of subparagraph b of this paragraph.
b. Determination of Ratios of Apprentices or Trainees to Journey. The Secretary of Labor
has determined that the applicable ratios of apprentices and trainees to journeymen in any
occupation shall be as follows:
(1) The Federal Aviation Administration shall insure that the contract clauses required by
CFR, Part 5a are inserted in every federal or federally assisted construction contract
subject thereto. For assistance programs for construction work for which the FAA
does not contract directly, the FAA shall promulgate regulations and procedures
necessary to insure that contracts for the construction work subject to 29 CFR, Part
5a will contain the clauses required thereby.
(2) Enforcement activities, including the investigation of complaints of violation to
assure compliance with the requirements of this part, shall be the primary duty of the
Federal Aviation Administration. The Department of Labor will coordinate its efforts
with the Federal Aviation Administration as may be necessary to assure consistent
enforcement of the requirements of 29 CFR, Part 5a. Enforcement of these provisions
shall be in accordance with the procedures outlined in 29 CFR, Part 5, Paragraph 5.6
These provisions shall be applicable to every invitation for bids, and to every negotiation, request for
proposals, or request for quotations, for a federal or federally assisted construction contract, issued after
January 30, 1982, and to every such contract entered into on the basis of such invitation or negotiation.
PAGE 2 LABOR PROVISIONS
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 such laborer or mechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (29
CFR Part 5.5 (1)).
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In the event of any violation of the clause set forth in paragraph 8 above, the contractor and any subcontractor
responsible therefor shall be liable for the 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, including watchmen and guards, employed in violation of the clause set
forth in paragraph 8 above, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph 8 above. (29 CFR Part 5.5 (2)).
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The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph 9 above. (29 CFR Part 5.5 (3)).
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 8 through 11
and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs 8 through 11 of this section (29 CFR Part 5.5 (4)).
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