Can the Contractor "float" Presidents day (official holiday) have employees work and give them as their holiday the day after Thanksgiving? The SCA list Presidents Day as the Official Holiday and the PWS does not "authorize" the day after Thanksgiving as an official holiday for the Contractor.
This is a good question and in my experience, one that is continually asked, particulalry when contractor's are working on a government site and the company's holidays vary from federal holidays. The answer to your question is pursuant to FAR Part 43 Contract Modifications and more specifically, changes to the terms of the contract. When the government enters into a contract, the government is entitled to strict compliance with all the terms of the contract. When the contract lists the dates for contractor holidays, those are the dates that are locked in. If the government consents to changing those dates to accommodate the contractor's workforce, that change must be determined to be in the best interests of the government, negotiated, and documented via a bilateral modification to the contract. The specific facts would shape the KO's response. Additionally, if contractor personnel need to be monitored, required to use equipment on a government site, or government personnel need to be available in order for the contractor to perform their contract, this change probably is too inconvenient to warrant a determination that it is in the government's best interest. If the facts suggest otherwise, the KO could agree to the change and modify the contract. There would also be the need for consideration (mutual consent of the parties may suffice). Finally, in regards to the labor provided under the contract, depending on the type of labor, the contractor may very well not have discretion to move the date and may have to negotiate with its collective bargaining unit, if any.
Open full Question Details