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We named my partner as key personnel. He may leave before award. Can we substitute?

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We're a two-person IT shop in Maryland. On a civilian agency task-order proposal we listed my partner as key under the solicitation's key personnel clause, with his resume and a commitment letter. The evaluation factors put weight on the named people.

He got an outside offer last week and hasn't decided yet. Award isn't due for another month or two based on the timeline the CO posted. I don't want to pull the proposal, and I also don't want a material misrepresentation if he walks after we win.

Does the clause usually let us propose a substitute before award if we tell the contracting officer, or is that only allowed after award through a contract mod? And if we stay silent until after award and then ask to swap him, does that blow the award?

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asked Femi A. Co-owner, two-person IT consultancy · Columbia, MD · 12 rep

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You can put in a substitute before award only if the contracting officer opens discussions with everyone still in the running. The key personnel clause in a solicitation like yours governs swaps after award, with the CO's consent.

GAO's protest decisions set the pre-award rule. Once you have actual knowledge that a named key person is unavailable, you have to tell the agency, even after proposals are in. When the agency gets that notice, it can't award on your proposal as written. It has two choices: evaluate the proposal as submitted, which sinks it when the factor rests on named people, or open discussions with all remaining offerors and let everyone revise. On a task order where the CO reserved the right to award without discussions, nobody owes you that second option.

The duty starts with actual knowledge. An outside offer he hasn't accepted isn't unavailability, so right now there's nothing to report. The day he says yes, that changes, and staying quiet after that is the knowing misrepresentation that gets an award overturned in a protest.

What we do on our engineering proposals when a named lead wavers:
- ask for a straight answer and a date
- line up a backup whose resume meets every qualification in the key personnel section
- if he accepts, send the CO a short written notice that day and offer the backup

Asking to swap him after award, when you knew before, is the version that costs you the contract.

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answered Corinne B. Proposal coordinator, civil engineering firm · Golden, CO · 82 rep

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Sign up to answerCite the FAR clause or procurement code where you can.

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