Overview
This section establishes the definition of a "professional employee" for FAR Subpart 22.11, aligning it with Department of Labor standards found in 29 CFR Part 541. It specifies that professional status is derived from both advanced educational credentials and the actual performance of professional-level duties.
Key Rules
- Regulatory Alignment: Adopts the definition of an employee in a "bona fide... professional capacity" as set forth in 29 CFR 541.
- Educational Foundation: Requires the acquisition of professional knowledge through a period of prolonged, specialized study.
- Exemplary Professions: Explicitly identifies fields such as law, medicine, engineering, architecture, accountancy, teaching, and the physical/biological sciences as meeting the criteria.
- Dual Criteria: To qualify, an individual must not only possess the requisite professional credentials but must also be "essentially involved" in performing duties that require those professional skills.
Practical Implications
- Contractor Compliance: Contractors must ensure that employees categorized as "professionals" meet both the educational and duty-based tests to comply with compensation and labor standards.
- Proposal Evaluation: During the solicitation process, the government uses this definition to evaluate whether a contractor’s proposed professional compensation levels are sufficient to recruit and retain the quality of personnel required for technical performance.