Definition of Key Personnel

[Nick Sanchez]

We are having some debates with our requirement's office regarding what the actual definition of a Key Personnel really is. To my knowledge, it seems pretty subjective, in that there is no set definition of what a Key Personnel is. Am I wrong? Is there a regulation out there that actually gives a definition of what a key personnel is, or is it up to us to make this definition? 

[C Culham]

16 minutes ago, Nick Sanchez said:

We are having some debates with our requirement's office regarding what the actual definition of a Key Personnel really is. To my knowledge, it seems pretty subjective, in that there is no set definition of what a Key Personnel is. Am I wrong? Is there a regulation out there that actually gives a definition of what a key personnel is, or is it up to us to make this definition? 

Yes, by regulation some agencies have defined Key Personnel.  See the HUDAR by example.  Otherwise you are correct of sorts -Key Personnel are those personnel that are subjectively defined by a specific procurement.   Bottomline it is "up to us" (you). 

[Neil Roberts]

An example of a definition is described in the contract clause below. I do not know if this clause is found as a standard clause somewhere. The definition in this clause appears to make the Contractor responsible for identifying those personnel.

H.7 KEY PERSONNEL REQUIREMENTS

(A) Certain skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.

(B) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(C) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.

(D) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

 

[Neil Roberts]

Here is a 1 hr. free webinar on subject. https://www.thompsoncoburn.com/insights/tcle/presentation/detail/2018-12-10/the-key-personnel-requirement-in-government-solicitations

[joel hoffman]

The sample H.7. Key Personnel Requirements above resembles a special contract requirement, later adopted as a USACE contract clause, that our HQUSACE Office of Counsel attorney, Laura Meeker, and I wrote for design-build and construction contracts.

The difference here is that the H-7 special requirement identifies and defines each key personnel position and qualifications criteria.

In our contracts we identified the positions and minimum qualifications in the equivalent to the Uniform Contract Format (UCF) Section L and/or in the applicable SOW or technical sections.

The proposals identified the proposed key  personnel and their corresponding qualifications and experience for evaluation.

We incorporated this part of the winning proposal into the contract.  Where the proposed person exceeded the minimum solicitation requirements, that became the new minimum for any proposed substitute.

Our clause also addressed key subcontractors, which we also defined in the Solicitation and were evaluated in the proposal. Any proposed substitutions were also subject to KO approval.

In response to the question here is that the solicitation and contract identifies key personnel positions and their minimum qualifications. It should also address requirements for proposed substitutions.

[joel hoffman]

On 10/17/2023 at 8:56 AM, Nick Sanchez said:

We are having some debates with our requirement's office regarding what the actual definition of a Key Personnel really is. To my knowledge, it seems pretty subjective, in that there is no set definition of what a Key Personnel is. Am I wrong? Is there a regulation out there that actually gives a definition of what a key personnel is, or is it up to us to make this definition? 

It is up to the government side to describe and define key personnel positions, minimum quals and experience and any restrictions on substitutions if the persons were identified in the proposal and evaluated as part of the award of a contract or task order.