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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: June 27, 2000

FROM: Barry McVay, CPCM

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Uncompensated Overtime Source Selection Factor

SOURCE: Federal Register, June 27, 2000, Vol. 65, No. 124, page 39721

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is amending the DFARS to remove language from DFARS 215.305, Proposal Evaluation, regarding the evaluation of uncompensated overtime hours in proposals for service contracts. The text is being removed because it practically duplicates the text in Federal Acquisition Regulation (FAR) 37.115, Uncompensated Overtime.

EFFECTIVE DATE: June 27, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Fenk, Defense Acquisition Regulations Council, OUSD (AT&L)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062, 703-602-0296; fax: 703-602-0350. Cite DFARS Case 2000-D013.

SUPPLEMENTAL INFORMATION: With the addition of FAR 37.115, Federal Acquisition Circular (FAC) 97-01 incorporated, almost verbatim, the guidance regarding uncompensated overtime in DFARS 237.170, Uncompensated Overtime. DFARS 237.170 was subsequently removed on March 9, 1998. However, the FAC 97-01 version of FAR 37.115 did not address the evaluation of proposals that include uncompensated overtime. This oversight was remedied by FAC 97-14 on September 24, 1999, with the addition of language to FAR 37.115-2, General Policy, that was very similar to that in DFARS 215.305(a)(1). Since DFARS 215.305(a)(1) now duplicates FAR 37.115-2, DFARS 215.305(a)(1) is being removed.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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