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  • Question

    What do I do?


    The first thing you need to do is discuss this situation with your contracting officer (KO)!  You’re contracting officer will/should know the best way to proceed.  Remember your COR training, one of the guiding tenets is “a COR communicates…”  In this case you are communicating real or perceived issues with the KO.  Honestly, I cannot stress this enough – talk to your KO – NOW!!  Trust me, you’ll be happy you did.
    Your scenarios and questions are extremely fact dependent.  In general, it is perfectly okay to have informal, non-technical guidance or direction communications with a contractor or subcontractor personnel so long as this communication will not change any contract terms, conditions or scope (i.e. change/modify the contract).  In the event there is ANY question as to if the communication will do that, then the answer is we must not communicate directly with the subcontractor!  The government does not have “privity of contract” with the sub and therefore this must be communicated through the prime.  In addition, if it will change the contract then it MUST come from the KO and not the COR or anyone else.
    Secondly, no one is authorized to direct a contractor employee who is performing tasks on one contract to start accomplishing tasks associated with another contract.  Among many other things, my answer assumes the contractor employee who was asked to “perform duties from another contract” is not an employee of the “other contract” business.

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