Jump to content
The Wifcon Forums and Blogs
Robert Tibbitts

OIG investigation of COR for violation of nonpersonal service contract rules

Recommended Posts

Hi. I work for a government subcontractor and we are currently experiencing difficulty from a COR that is not respecting the difference between personal vs. nonpersonal service contracts. The COR is interacting with contractor's employees on a nonpersonal contract and reassigning them to different positions with the Prime contractor. This effectively reduces our revenue by costing us positions on the contract. The Prime is going along with what the COR wants/requests. We do not have a contract with the subcontractor, only a vague PO that doesn't address the situation. Nonpersonal service contracts are not supposed to be subject to the supervision and control of the government. We find the COR's actions highly inappropriate. We have contracted the CO and he has given us the go ahead to pursue a complaint against the COR. Does anyone have experience with this type of situation? Is an Office of Inspector General investigation appropriate and what are the steps to initiate such an investigation? Any advice would be appreciated. Thanks.

Share this post


Link to post
Share on other sites
2 hours ago, Robert Tibbitts said:

Any advice would be appreciated. Thanks.

Having difficulty understanding what company you work for, what company is furnishing the services and your company's relationship to that company. Do you work for the prime contractor, a 1st level subcontractor or a 2nd level subcontractor (the 2nd level would have a contract with the 1st level). Also, not well understood to me are the terms of the contract in question regarding the services. You seem to indicate that there is a purchase order but not a subcontract. That terminology is not that important. What is important is the statement of work and the terms and conditions of the document between 2 parties that might be relevant to the situation you are describing. Also, could you please clarify how a COR can assign non-government employees to a position "with the Prime contractor" and what tasks those individuals are asked to perform.  thanks.     

Share this post


Link to post
Share on other sites

I work for the 1st level subcontractor providing personnel under a government contract. The "contract" with the Prime contract is merely a Purchase Order with no relevant provisions to this situation. The COR took it upon himself to pressure the Prime to move the person in question from filling a position under our subcontract to a position directly under the Prime contract. The COR personally informed the person in questions of the move, how it will be good for her because she will be getting a raise, and that he was the one in a charge of these programs which is why he communicated the change to her.

Share this post


Link to post
Share on other sites

If you are a Government subcontractor your company is required to have a written code of business ethics and conduct and should have information on how to disclose violations - see FAR Subpart 3.10 - Contractor Code of Business Ethics and Conduct.  I would refer to this code and follow what it says for reporting your issue.

Share this post


Link to post
Share on other sites
38 minutes ago, policyguy said:

If you are a Government subcontractor your company is required to have a written code of business ethics and conduct and should have information on how to disclose violations - see FAR Subpart 3.10 - Contractor Code of Business Ethics and Conduct.  I would refer to this code and follow what it says for reporting your issue.

I don't believe that contract clause (52.203-13) applies to wrongdoing by government personnel. More to the point, I don't believe a contract's code of ethics/business conduct would apply to government personnel.

My advice? Call the DoD Hotline.

Share this post


Link to post
Share on other sites
On ‎9‎/‎24‎/‎2019 at 2:52 PM, Robert Tibbitts said:

We have contracted the CO and he has given us the go ahead to pursue a complaint against the COR.

What did the CO mean by this?  Did (s)he mean file a complaint with the CO then (s)he would look into it?  My big issue would be if what you say is true and you brought this to the attention of the CO, but the CO did nothing, then maybe the CO is complicit in this.

Share this post


Link to post
Share on other sites

Your concern is appropriately reported to the respective IG.  Why, with no reference? 

Any issue related to an inappropriate action in your eyes could in fact either be nothing or the tip of an iceberg to a government employee taking action for personal gain.  Report it and let the IG sort it out.

The IG will unravel the whys and what fors if you truly believe the impropriety has occurred. Put the investigation in the hands of folks that are charged to figure it out.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...