Researching Posted February 4, 2014 Report Share Posted February 4, 2014 I am unaware of any requirement (nor does our contract contain one) to get Contracting Officer approval of overtime payments under a FFP contract with progress payments. One of our progress payment vouchers is being audited and the ACO is stating we should have obtained approval to include overtime in our progress payment request. I am aware of FR 52.222-2 but according to its' prescription copied/pasted inbelow it is N/A to a FFP contract and our contract, appropriately, does not include it. Prescription: The contracting officer shall include the clause at 52.222-2, Payment for Overtime Premiums, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold; unless -- (1) A cost-reimbursement contract for operation of vessels is contemplated; or (2) A cost-plus- incentive-fee contract that will provide a swing from the target fee of at least plus or minus 3 percent and a contractor’s share of at least 10 percent is contemplated. Does anyone know anything contradictory to what I have written above? Link to comment Share on other sites More sharing options...
Retreadfed Posted February 4, 2014 Report Share Posted February 4, 2014 Who is auditing the progress payment request? Have the ACO stated why (s)he believes prior approval is required? Link to comment Share on other sites More sharing options...
ji20874 Posted February 5, 2014 Report Share Posted February 5, 2014 Does your contract include the clause at FAR 52.232-16, Progress Payments? Is there anything in your contract suggesting the Government's prior approval of overtime? Link to comment Share on other sites More sharing options...
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