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  • Question

    I know that the Government cannot tell the contractor how to staff their contract but can request Key Personnel possess certain qualifications, however, if the Government has knowledge of an individual who possess the expertise required to perform the work described in the contract, can the Government provide the individuals contact information to the contractor for consideration? Also, can language be incorporated into an RFP stating that the Government may provide the contractor with expertise to consider? This would not be a personal services contract where the Government would be supervising the individual.


    Answer

    We could find nothing in the FAR that would prohibit publishing in the RFP the names and contact information of recognized experts in the field who could act as a subcontractor for a certain portion of the work. However, we believe that this approach would be tantamount to an explicit (or at least an implicit) endorsement of such individuals to perform the work. In the event of any negative contract performance issues, such perceived endorsement may relieve the contractor of any liability for any related adverse contract performance.

    Therefore, we would recommend against using the approach as described in this inquiry. Also, given the limited information provided in this inquiry concerning this acquisition, the contracting officer should consult agency legal counsel before proceeding.

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