B-28624, SEPTEMBER 28, 1942, 22 COMP. GEN. 277

B-28624 September 28, 1942
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Summary

CONTRACTS - COST-PLUS - APPLICABILITY OF FAIR LABOR STANDARDS ACT IF IT BE ADMINISTRATIVELY DETERMINED THAT THE INTERESTS OF THE GOVERNMENT WILL BE BEST SERVED BY ACQUIESCING IN THE VIEW OF A REPRESENTATIVE OF THE ADMINISTRATOR. THAT GUARDS EMPLOYED BY A COST-PLUS-A-FIXED-FEE CONTRACTOR ENGAGED IN THE OPERATION OF AN ORDNANCE PLANT ARE ENTITLED TO OVERTIME PAY UNDER THE FAIR LABOR STANDARDS ACT OF 1938. OTHERWISE PROPER REIMBURSEMENTS UNDER THE CONTRACT FOR OVERTIME PAYMENTS MADE TO THE GUARDS IN ACCORDANCE WITH SUCH INTERPRETATION OF SAID ACT WILL NOT BE QUESTIONED. THE DECISION SETS FORTH THE EVIDENCE WHICH WILL BE ACCEPTED IN SUPPORT OF THE REIMBURSEMENT VOUCHERS. 1942: I HAVE YOUR LETTER OF AUGUST 25.