[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR22.103-4]

[Page 395-396]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 22_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents
 
                    Subpart 22.1_Basic Labor Policies
 
Sec.  22.103-4  Approvals.

    (a) The contracting officer shall review the contractor's request 
for overtime. Approval of the use of overtime may be granted by an 
agency approving official after determining in writing that overtime is 
necessary to--
    (1) Meet essential delivery or performance schedules;
    (2) Make up for delays beyond the control and without the fault or 
negligence of the contractor; or
    (3) Eliminate foreseeable extended production bottlenecks that 
cannot be eliminated in any other way.
    (b) Approval by the designated official of use and total dollar 
amount of overtime is required before inclusion of an amount in 
paragraph (a) of the clause at 52.222-2, Payment for Overtime Premiums. 
This clause is to be inserted in cost-reimbursement contracts over 
$100,000, except for those exempted under 22.103-5(b).
    (c) Contracting officer approval of payment of overtime premiums is 
required for time-and-materials and labor-hour contracts (see paragraph 
(a)(3) of the clause at 52.232-7, Payments Under Time-and-Materials and 
Labor-Hour Contracts).
    (d) No approvals are required for paying overtime premiums under 
other types of contracts.
    (e) Approvals by the agency approving official (see 22.103-4(a)) may 
be for an individual contract, project, program, plant, division, or 
company, as practical.
    (f) During contract performance, contractor requests for overtime 
exceeding the amount authorized by paragraph (a) of the clause at 
52.222-2, Payment for Overtime Premiums, shall be submitted as stated in 
paragraph (b) of the clause to the office administering the contract. 
That office will review the request and if it approves, send the request 
to the contracting officer. If the contracting officer determines that 
the requested overtime should be approved in whole or in part, the 
contracting officer shall request the approval of the agency's 
designated approving official and modify paragraph (a) of the clause to 
reflect any approval.
    (g) Overtime premiums at Government expense should not be approved

[[Page 396]]

when the contractor is already obligated, without the right to 
additional compensation, to meet the required delivery date.
    (h) When the use of overtime is authorized under a contract, the 
office administering the contract and the auditor should periodically 
review the use of overtime to ensure that it is allowable in accordance 
with the criteria in part 31. Only overtime premiums for work in those 
departments, sections, etc., of the contractor's plant that have been 
individually evaluated and the necessity for overtime confirmed shall be 
considered for approval.
    (i) Approvals for using overtime shall ordinarily be prospective, 
but, if justified by emergency circumstances, approvals may be 
retroactive.