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JDE

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Is it legal/compliant under federal contract law (SBA) to assign the same person to two separate FTE positions under one or two separate contracts?

For example, ABC Consulting, an SBA small business wins a federal contract that includes funding for two Full-Time Program Managers at a rate of $100,000 each. ABC then assigns Mr. Smith against both positions and pays him based on the rate for one of those PMs. Is that legal/compliant? Can ABC Consulting assign the same person to both positions?...knowing full well that that person can't possibly perform the work of two full-time PMs simultaneously?

 

Thanks,

JDE

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15 hours ago, JDE said:

Is it legal/compliant under federal contract law (SBA) to assign the same person to two separate FTE positions under one or two separate contracts?

For example, ABC Consulting, an SBA small business wins a federal contract that includes funding for two Full-Time Program Managers at a rate of $100,000 each. ABC then assigns Mr. Smith against both positions and pays him based on the rate for one of those PMs. Is that legal/compliant? Can ABC Consulting assign the same person to both positions?...knowing full well that that person can't possibly perform the work of two full-time PMs simultaneously?

 

Thanks,

JDE

1. Do the two contracts specifically require that a project manager be dedicated full time to the contract?

2. Were the prices of the separate contracts negotiated with a specific amount and a specific name proposed for the PM position? 
 

Several factors to be considered.

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JDE,

As Joel noted in his response, there is no way to answer your question without more facts. 

For example,

- Was the contractor required to provide cost or pricing data? Was the data required to be certified?

- What are the contract types?

- How were offerors evaluated?

So ... your question needs to be refined & enhanced. Even then, nobody here will be able to address "legal/compliant under federal contract law" because legal advice is something you get from your own attorneys. At the very most, somebody might give you insight into what the applicable regulations say about the issue.

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33 minutes ago, here_2_help said:

JDE,

As Joel noted in his response, there is no way to answer your question without more facts. 

For example,

- Was the contractor required to provide cost or pricing data? Was the data required to be certified?

- What are the contract types?

- How were offerors evaluated?

So ... your question needs to be refined & enhanced. Even then, nobody here will be able to address "legal/compliant under federal contract law" because legal advice is something you get from your own attorneys. At the very most, somebody might give you insight into what the applicable regulations say about the issue.

Agreed! 🤠

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40 minutes ago, here_2_help said:

As Joel noted in his response, there is no way to answer your question without more facts. 

There is no way for any of us in this Forum to answer that question in any event, with or without more facts. JDE should spend a nickel or two and consult an attorney. Bob should delete this thread. JDE is probably either thinking of whistleblowing or is worried about a potential whistleblower.

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