[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR22.103-4]



[Page 410-411]

 

            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



[[Page 411]]



and modify paragraph (a) of the clause to reflect any approval.

    (g) Overtime premiums at Government expense should not be approved 

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.