FAR 52.222-46 Evaluation of Compensation for Professional Employees. Basic (Feb 1993)

As prescribed in 22.1103, all professional employees shall be compensated fairly and properly. Accordingly, the contracting officer shall insert the provision at 52.222-46, Evaluation of Compensation for Professional Employees, in solicitations for negotiated contracts when the contract amount is expected to exceed $700,000 and services are to be provided which will require meaningful numbers of professional employees. This provision requires that offerors submit for evaluation a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure. Plans indicating unrealistically low professional employee compensation may be assessed adversely as one of the factors considered in making an award.

Evaluation of Compensation for Professional Employees (Feb 1993)

    (a) Recompetition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished professional employees. This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government’s best interest that professional employees, as defined in 29 CFR 541, be properly and fairly compensated. As part of their proposals, offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements. This evaluation will include an assessment of the offeror’s ability to provide uninterrupted high-quality work. The professional compensation proposed will be considered in terms of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. Supporting information will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used in establishing the total compensation structure.

    (b) The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, the complexity of various disciplines, and professional job difficulty. Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees. Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement.

    (c) The Government is concerned with the quality and stability of the work force to be employed on this contract. Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories, since it may impair the Contractor’s ability to attract and retain competent professional service employees, may be viewed as evidence of failure to comprehend the complexity of the contract requirements.

    (d) Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal.

(End of provision)

NONE

Supplies ✖ Subcontractor ✖ Contracts ✖ 

52.204-9 Personal Identity Verification of Contractor Personnel.

52.207-3 Right of First Refusal of Employment.

52.224-1 Privacy Act Notification.

52.224-2 Privacy Act.

52.232-23 Assignment of Claims.

52.232-24 Prohibition of Assignment of Claims.

52.232-39 Unenforceability of Unauthorized Obligations.

52.233-1 Disputes.

52.233-2 Service of Protest.

52.233-4 Applicable Law for Breach of Contract Claim.

52.242-13 Bankruptcy.

52.242-5 Payments to Small Business Subcontractors.

52.243-4 Changes.

52.248-1 Value Engineering.

52.248-3 Value Engineering—Construction.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.224-3 Privacy Training.

252.235-7004 Protection of Human Subjects.

1852.231-70 Precontract Costs.

5252.215-9505 EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)

5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR)

3052.205-70 Advertisements, Publicizing Awards, and Releases.

3052.235-70 Dissemination of information - educational institutions.

5152.233-4703 AMC-LEVEL PROTEST PROGRAM

5152.233-5900 AGENCY PROTEST PROGRAM

552.215-73 Notice.

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

552.238-73 Cancellation.

552.241-70 Availability of Funds for the Next Fiscal Year or Quarter.

552.241-71 Disputes (Utility Contracts).

652.206-70 Advocate for Competition/Ombudsman.

652.243-70 Notices.

752.222-70 USAID disability policy.

752.231-71 Salary supplements for HG employees.

752.236-70 Standards for accessibility for the disabled in USAID construction contracts.

952.203-70 Whistleblower protection for contractor employees.

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