52.216-31 — Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition.
Researched by the BidStride Research Team
What This Clause Requires
FAR 52.216-31 — Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.
Official Regulation Text
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition. As prescribed in 16.601(f)(3), insert the following provision: Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition (NOV 2021) (a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1) The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. (End of provision) [71 FR 74665, Dec. 12, 2006, as amended at 72 FR 6882, Feb. 13, 2007; 78 FR 13767, Feb. 28, 2013; 86 FR 61035, Nov. 4, 2021]
Compliance Checklist
- (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit.
- The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1) The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control.
Flow-Down to Subcontractors
No flow-down required
This clause applies only to the prime contract and does not need to be flowed down to subcontractors.
Frequently Asked Questions
FAR 52.216-31 (Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the contract-types category.
FAR 52.216-31 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.
Whether FAR 52.216-31 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.