37.115-3
Solicitation provision
Solicitations for professional or technical services above the simplified acquisition threshold and based on hours must include the provision requiring disclosure of uncompensated overtime.
Overview
FAR 37.115-3 requires contracting officers to include the provision at 52.237-10, Identification of Uncompensated Overtime, in all solicitations for professional or technical services that are valued above the simplified acquisition threshold and are based on the number of hours to be provided. This provision ensures that offerors disclose any uncompensated overtime included in their proposals, promoting transparency and fair evaluation of labor costs.
Key Rules
- Mandatory Provision Inclusion
- Contracting officers must insert FAR 52.237-10 in applicable solicitations.
- Applicability Criteria
- Applies to solicitations for professional or technical services, above the simplified acquisition threshold, and where services are acquired on an hourly basis.
Responsibilities
- Contracting Officers: Ensure the provision is included in all relevant solicitations.
- Contractors: Disclose any uncompensated overtime in their proposals as required by the provision.
- Agencies: Oversee compliance with this requirement in the solicitation process.
Practical Implications
- This rule exists to prevent unfair labor cost advantages and ensure accurate cost evaluation.
- Contractors must be transparent about their labor practices, particularly regarding uncompensated overtime.
- Failure to include or comply with this provision can result in proposal rejection or post-award issues.