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  • Question

    Is it usually lawful? Can they receive overtime


    Answer

    The answer to your question is, "It depends." It depends on how you established Contractor work hours in your contract. You should read the CLIN structure and the Section C very carefully to determine if they outline the work hour criteria. You should consult your Contracting Officer to get further guidance. You may need to speak with legal counsel. You will want to see if the contract requires a DD Form 254, Contract Security Classification Specification. In that case, you should consult with the Security Officer. It is not unlawful to have contractors in a facility after core hours, if they are performing with the terms and conditions of the contract. Security personnel, for instance, are generally contractor employees. They often remain at their posts after core hours. Can contractors receive overtime? It depends. What does your contract state? Is it a FFP contract or a cost type contract? If it a FFP type contract, the contractor would monitor the contractor employees time card to determine their burn rate, which would eat away at their profit. If it is a cost-type contract, the Contracting Officer and COR would be responsible for ensuring the accuracy of the contractor employee billed hours. So, it basically comes down to what is in the contract?

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