[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR2452.237-77]

[Page 486-487]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
         CHAPTER 24--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Sec. 2452.237-77  Observance of legal holidays and administrative leave.

    As prescribed in 2437.110(e), insert the following clause:

  Observance of Legal Holidays and Closure of HUD Facilities (FEB 2006)

New Year's Day
Martin Luther King's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day

    Any other day designated by Federal law, Executive Order, or 
Presidential Proclamation.
    (2) When any holiday specified in (a)(1) falls on a Saturday, the 
preceding Friday shall be observed. When any such holiday falls on a 
Sunday, the following Monday shall be observed. Observances of such days 
by Government personnel shall not be cause for additional period of 
performance or entitlement to compensation except as set forth in the 
contract. If the contractor's personnel work on a holiday, no form of 
holiday or other premium compensation will be reimbursed either as a 
direct or indirect cost, unless authorized pursuant to an overtime 
clause elsewhere in this contract.
    (b)(1) HUD may close a HUD facility for all or a portion of a 
business day as a result of--
    (A) Granting administrative leave to non-essential HUD employees 
(e.g., unanticipated holiday);
    (B) Inclement weather;
    (C) Failure of Congress to appropriate operational funds;
    (D) Or any other reason.
    (2) In such cases, contractor personnel not classified as essential, 
i.e., not performing critical round-the-clock services or tasks, who are 
not already on duty at the facility shall not report to the facility. 
Such contractor personnel already present shall be dismissed and shall 
leave the facility.
    (3) The contractor agrees to continue to provide sufficient 
personnel to perform round-the-clock requirements of critical tasks 
already in operation or scheduled for performance during the period in 
which HUD employees are dismissed, and shall be guided by any specific 
instructions of the Contracting Officer or his/her duly authorized 
representative.
    (c) When contractor personnel services are not required or provided 
due to closure of a

[[Page 487]]

HUD facility as described in this clause, the contractor shall be 
compensated as follows--
    (1) For fixed-price contracts, deductions in the contractor's price 
will be computed as follows--
    (A) The deduction rate in dollars per day will be equal to the per 
month contract price divided by 21 days per month.
    (B) The deduction rate in dollars per day will be multiplied by the 
number of days services are not required or provided.
    If services are provided for portions of days, appropriate 
adjustment will be made by the Contracting Officer to ensure that the 
contractor is compensated for services provided.
    (2) For cost-reimbursement, time-and-materials and labor-hour type 
contracts, HUD shall not reimburse as direct costs, the costs of 
salaries or wages of contractor personnel for the period during which 
such personnel are dismissed from, or do not have access to, the 
facility.

                             (End of clause)

[64 FR 46100, Aug. 23, 1999, as amended at 71 FR 2441, Jan. 13, 2006]