Key Personnel Clauses in Federal Government RFPs

The Key Personnel clause will vary slightly from one RFP to another. But in general it will:

1. Identify the key positions

2. Require resumes of the proposed key persons

3. Require offerors to submit letters of commitment from the key personnel and/or contingent letters of offer and acceptance counter-signed by the employer and the prospective employee

4. Insist that the proposed Key Personnel be qualified to perform the work

5. Usually require a minimum amount of time after award when the key person(s) must remain on the job, such as 90 days or 6 months, except for a catastrophic event (e.g., illness, accident, or death)

When an offeror is preparing a proposal that includes a requirement to provide Key Personnel, not only must the offeror "answer the mail" but they must also provide bona fide, accurate information to the Government. Stated differently, an offeror cannot misrepresent the status of the key persons proposed to work on the project.

The issue of Key Personnel was recently the subject of a decision by the Government Accountability Office (GAO). They issued an Advisory Opinion to the U. S. District Court for the Northern District of California in the Matter of Patriot Contract Services, Number B-294777.3, May 11, 2005. The case arose when the Navy awarded a contract in response to an RFP for the operation and maintenance of nine large, medium speed roll-on/roll-off (LMSR) ships to move cargo in support of U. S. military forces worldwide.


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