About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-223329 1 (1986-10-17)

handle is hein.gao/gaobadmnm0001 and id is 1 raw text is: LThe Comptrofler General of the United States S Washington, D.C. 20548 Decision Matterof )epartment of Aqriculture--Request for Advance Decision File: B-223329 Date: October 17, 1986 DIGEST 1. Wixed-priced construction contracts executed before January 1, 1986 may not be modified without consideration to delete the requirement for payment of premium rates for overtime worked in excess of 8 hours a day in order to conforn. to Pub. L. No- 99-145, w--ic.h eliminated. the requibement from contracts executed after Jauary 1, l 96. Neither'the statute nor its legislative history reflects congressional intent to have the statute applied retroactively. 2. The desire to conform old contracts to a new statute which amended overtime pay laws does not constitute suffi- cient consideration to delete provisions for the payment of premium pay for overtime worked in excess of 8 hours a day from the contracts which were awarded before the effective late of the statute. Modification of contract to delete daily overtime provisions requires that adequate consilera- tion should be negotiated between agency and individual contractors. DECISION The Soil Conservation Service (SCS), Department of Agriculture, has requested an advance decision from our Office approving its proposal to modify certain fixed-price construction contracts executed before January 1, 1986. SCS desires to remove the provisions requiring premium payments for hours worked by contractors' employees in excess of 9 hours a day without requiring consideration from the contractors. This request arises because Section 1241 of the Department of Defense Authorization Act, 1986, Pub. rj. No. 99-145, 99th Cong., 1st Sess. (1985) (hereinafter referred to as the Act), amended the Contract Work Hours and

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most