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FAR Clause

52.222-2

Payment for Overtime Premiums.
View on acquisition.gov · View on eCFR.gov
Effective Date
JUL 1990
Active Deviations
Versions
2 (since 2017-01-01)
RFO
RFO Version Available

The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.

View RFO version
52.222-2 Payment for Overtime Premiums.

As prescribed in 22.103-5(b), insert the following clause:

Payment for Overtime Premiums (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed *

___ or the overtime premium is paid for work—

*Insert either "zero" or the dollar amount agreed to during negotiations.

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall—

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 55 FR 25532, June 21, 1990; 55 FR 38518, Sept. 18, 1990]
22.103-5(b)
(b) The contracting officer shall include the clause at 52.222-2, Payment for Overtime Premiums, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold; unless-

(1) A cost-reimbursement contract for operation of vessels is contemplated; or

(2) A cost-plus- incentive-fee contract that will provide a swing from the target fee of at least plus or minus 3 percent and a contractor's share of at least 10 percent is contemplated.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC. Cross-references within the prescription are not resolved automatically.

Regulatory Stack

The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.

RFO RFO Version Overhauled clause text
The Revolutionary FAR Overhaul publishes a revised version of this clause. See the RFO Version tab for the controlling authority under the RFO model.

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FAR FAR Prescription 22.103-5(b)
(b) The contracting officer shall include the clause at 52.222-2, Payment for Overtime Premiums, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold; unless-

(1) A cost-reimbursement contract for operation of vessels is contemplated; or

(2) A cost-plus- incentive-fee contract that will provide a swing from the target fee of at least plus or minus 3 percent and a contractor's share of at least 10 percent is contemplated.

View on acquisition.gov · View on eCFR.gov

Version History

Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.

2 versions tracked from 2017-01-01 to 2018-01-24.
JAN 2018 January 24, 2018 CURRENT
Removed in this version
Added in this version
Unchanged
JAN 2017 (previous)
JAN 2018 (current)
2 added, 3 removed
(a)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed * __ or the overtime premium is paid for work - *Insert either "zero" or the dollar amount agreed to during negotiations.
(a)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed * ___ or the overtime premium is paid for work— *Insert either "zero" or the dollar amount agreed to during negotiations.
JAN 2017 January 1, 2017 SUBSTANTIVE
Earliest version available from the eCFR

RFO Version

Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).

Clause Text

Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.222-2 Payment for Overtime Premiums.
eCFR (codified)
RFO (implemented)
1 added, 1 removed
As prescribed in 22.103-5(b), insert the following clause:
As prescribed in 22.102-2(b), insert the following clause:
2 added, 2 removed
Payment for Overtime Premiums (JUL 1990)
Payment for Overtime Premiums (Deviation DATE)
9 added
(a)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed *
(a)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed * ___ or the overtime premium is paid for work—
9 removed
___ or the overtime premium is paid for work—
11 removed
*Insert either "zero" or the dollar amount agreed to during negotiations.
2 added, 2 removed
(b)
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall—
(b)
(b) Any request for estimated overtime premiums that exceeds the amount specified above must include all estimated overtime for contract completion and must-
12 added
* Insert either "zero" or the dollar amount agreed to during negotiations.
21 removed
[48 FR 42478, Sept. 19, 1983, as amended at 55 FR 25532, June 21, 1990; 55 FR 38518, Sept. 18, 1990]

Prescription

Substantive changes. The RFO prescription differs materially from the eCFR prescription.
eCFR (codified)
RFO (implemented)
Unchanged
52.222-2 Payment for Overtime Premiums.: Prescription
eCFR (codified)
RFO (implemented)
45 added, 2 removed
(b)
(b) The contracting officer shall include the clause at 52.222-2, Payment for Overtime Premiums, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold; unless-
(b)
(b) The contracting officer must include the clause at 52.222-2, Payment for Overtime Premiums, in solicitations and contracts when a cost-reimbursement contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold; unless (a) a cost-reimbursement contract for operation of vessels is contemplated, or (b) a cost-plus-incentive-fee contract that will provide a swing from the target fee of at least plus or minus 3 percent and a contractor's share of at least 10 percent is contemplated.
11 removed
(1)
(1) A cost-reimbursement contract for operation of vessels is contemplated; or
(1)
33 removed
(2)
(2) A cost-plus- incentive-fee contract that will provide a swing from the target fee of at least plus or minus 3 percent and a contractor's share of at least 10 percent is contemplated.
(2)

Source: acquisition.gov RFO Part 52 · Prescribing Part 22

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