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Key Personnel Notification


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Hi:

Our prime contract has a Key Personnel clause in it which requires us to notify the Contracting Officer within 30 days or as soon as possible when there is a key personnel change. We are to also provide a resume of the replacement candidate should the change be for the reason of the key personnel leaving the company and is being replaced. It states we must receive consent for the replacement before a replacement is made. This is the case with us currently.

My question is this: Can the replacement start work for the purposes of training for the position before we receive the consent from the government? Technically we are not replacing the key personnel yet as this person will still be on board training their replacement.

Any advice would be appreciated.

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Guest Vern Edwards
Can the replacement start work for the purposes of training for the position before we receive the consent from the government?

The answer depends on precisely what the contract says. Furthermore, I'm not sure what you mean by "start work." That sounds like you intend to have the prospective replacement perform the job.

Instead of asking here, why don't you ask the contracting officer? You haven't given us enough information to develop an informed opinion, and besides, it doesn't matter what we think or say.

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Guest Vern Edwards

I'm sure that plenty of people have experience with it under other contracts. The problem is that the solution for you depends on what your contract says.

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It all depends on the Contracting Officer. I had some CO's that would allow the person to start while they're waiting on resume approval and even pay the billable hours from the start date (before the approval date).

I had another CO that wouldn't allow them step foot on site without all of the resume approvals in place. Funny story about that CO:

We had a Key Employee leave, gave two weeks etc. We promoted an employee into the position; the employee had the qualifications, we just didn't have the slot until the old Key person left. The CO would not allow the employee to work until the resume approval was done, the employee had to sit at home for a week until the resume process was complete. We paid the employee, but it's just an example of the how much control the CO has.

Sure, we could have made a stink about it, but what company want to piss off a CO?

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