Hello fellow professionals, I am looking for assistance on the "applicability" of provision 52.222-46 Evaluation of Compensation for Professional Employees. The first thing I did was look at the matrix which says for Fix Price Services (this is the scenario we will use here) it is "Required when Applicable" (A) as prescribed in FAR Part 22.1103. FAR Part 22.1103 says "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 service contracts".
My understanding is that for procurements being re-competed for professional services (this is the scenario we will use here) to establish a new contract "C" or "D" under FAR Part 15 it is required. When using FAR Part 16.505 the notice of fair Opportunity the order CO is not in the business of evaluating "cost elements" for such requirements. Further, negotiated procedures is under FAR Part 15 and those procedures for soliciting a re-competed "C" or "D" type of acquisition vehicle. In short, the debate in my office is if establishing a FAR Part 15 "C" or "D" type vehicle being re-competed if the provision is applicable, and under FAR Part 16 is the clause N/A.
Is there a definite use when the provision is applicable (and is not) for this type of acquisition under these FAR parts?