Federal contractors that build proposals around named “key personnel” face a difficult choice when a proposed key person becomes unavailable before award due to resignation or accepting another position during typically lengthy evaluation periods: notify the agency and seek permission to submit a substitute, or stay silent and address the issue only after contract award.
Quick Hits
Key personnel can play a central role in government contract proposal evaluations and may be a material basis for an agency’s award decisions.
Contractors typically have two options when a key person departs during evaluation: (1) notify the agency and propose a replacement which carries the risk of disqualification, or (2) risk protest exposure by remaining silent until after contract award.
Deciding which risk to take depends on numerous factors, such as how imminent the award decision is, whether the agency will conduct discussions, and if the key person is truly unavailable.
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