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  • Question

    Can skill level of contractor's employees be changed by a modification?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting officer and/or legal department as appropriate. 
     
    We are assuming the question intended was, "Can the government change the skill levels established on the originally awarded contract by a modification?"
     
    The question to answer first would be, "How significant are these changes, and would another offeror be able to assert that had they known the skill level requirements were different, they would have submitted a different proposal and could have won the competition."  The GAO frowns upon changing requirements after award.  It would be worth asking your competition advocate what s/he thinks after having reviewed the solicitation, ensuing contract and prevailing market conditions.
     
    If there are one or two categories to be changed of many categories and is not a significant cost differential, then it could be considered as within the original scope.  But the question to be answered is, "What might a third party think of these changes?" 
     
    Should the changes be determined to be in scope, the government is due consideration for the relaxed requirement.

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