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Non-Key Personnel on Competed Task Orders


Stone101

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Hi -

My question pertains to a change in non-key personnel on competed CPFF task order under a FAR 36.6 procured IDIQ. In a response to a request for proposal (RFP) / statement of objectives, the contractor is required to identify key personnel by name and non-key personnel by labor category and level (e.g., Senior, Mid, First, etc.) Information required for non-key personnel includes: minimum qualifications, location, number of staff proposed, and level of effort for the labor category and level.

There is a difference in opinion in what is allowed in regards to a change in non-key personnel that results in a change of a labor category and/or labor category level under a cost-reimbursable task order.

One opinion: Any new labor categories needed to complete the objectives requires a modifcation to be requested by the contractor and must include the rationale and cost implications. Since the task order was competed, the contractor was selected based the personnel it proposed. As the goverment selected the proposal based on the personnel it proposed, any revision requires justification including the value it provides the goverment.

Other opinion: The non-key personnel were used to establish a total estimate of the cost; however, since scope is partially unknown, the contractor has flexibility to use any labor categories listed in the prime contract so long as it stays under the total cost. A modification is not necessary as there is no language in the prime contract nor the RFP that states a contractor does not have the flexibility to utilize the resources available to them to complete the objectives.

Who's correct and what's the rationale/reasoning?

If you need more information, please let me know. Thank you for your time in reading this. I really appreciate the help.

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Hi C Culham - Thanks for the response.

The selection criteria (in no particular order).

  1. Specialized experience and techncial competence in the type of work required
  2. Capacity to accomplish the work in the required time
  3. Past Performance (cost control, quality of work, and compliance with schedules)
  4. Location in the general geographic area of the project (availability of staff with experience in the general location of the proposed work).
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Your Option 1 makes the most sense.

As widely discussed a Task Order stands as a separate contract. As such, and by my read of the information you have provided, you intend to include only certain labor categories in the Task Order so only those categories are authorized for the work. From this view it does not matter whether they are key or non-key personnel, you simply have authorized only certain labor categories to complete the work so if the contractor needs a new labor category it needs to be added to the Task Order.

You may also be able to make a case, as a separate matter, with regard to the changing of a specific non-key personnel but without more details I am just suggesting rather noting it as a strong case that would call for a modification. My reasoning for suggesting you “might” be able to make the case on key versus non-key and the need for a modification is the selection criteria 1 and 4 but the specifics of the actual Task Order terms and conditions including the statement of work would have to be considered as well.

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