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  1. 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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