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DODtoDOCtoDOD  
#1 Posted : Thursday, October 18, 2018 7:23:19 AM(UTC)
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If 2 contractors on the same contract have similar positions and skillsets but work in different branches/divisions, can the federal govt (via the COR) demand that the contracting company switch the 2 contractors? The justification being "1 contractors skillset is more useful in the other contractor's position." I know that my be confusing since the question states that they have similar skillsets but the govt isn't always the most logical place...

Edited by user Thursday, October 18, 2018 7:24:37 AM(UTC)  | Reason: Not specified

frankgonzalez  
#2 Posted : Thursday, October 18, 2018 8:21:09 AM(UTC)
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Originally Posted by: DODtoDOCtoDOD Go to Quoted Post
If 2 contractors on the same contract have similar positions and skillsets but work in different branches/divisions, can the federal govt (via the COR) demand that the contracting company switch the 2 contractors? The justification being "1 contractors skillset is more useful in the other contractor's position." I know that my be confusing since the question states that they have similar skillsets but the govt isn't always the most logical place...
Similar does not mean the same. Even if both identical, one could years more experience and that alone could be the difference (more experience in using a specific system can mean a faster, more efficient output over the other person).

But similar means there are differences, and that one difference can be the reason the COR wants to switch the two.

Finally...one could be driving the work center nuts due to their personality, but it would have little impact on the other work center...and it means both get to keep their jobs vs the one team deciding the contractor billet is not worth keeping at all.

Technically, the contractor is generally required to simply produce the required output, and who they use to do so is not really relevant to the agency. Reality though, is a contractor employee can be problematic to a work center, and the agency can simply make that individual no longer able to get into the facility/base/etc. Or they have personality conflicts with the civil servants and are the easier person to move. And to be honest, contractors are wanting to make the agency happy...so the swap will occur. As long as the reason is not due to a prohibited one (such as due to race, religion, gender, age, etc), there is little the contractor employee can do.

Edited by user Thursday, October 18, 2018 8:25:56 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
thanks 1 user thanked frankgonzalez for this useful post.
DODtoDOCtoDOD on 10/18/2018(UTC)
DODtoDOCtoDOD  
#3 Posted : Thursday, October 18, 2018 8:35:55 AM(UTC)
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Thanks for the response, Frank. All valid and the last paragraph was the insight I was looking for.
someoldguy  
#4 Posted : Saturday, October 20, 2018 12:42:16 PM(UTC)
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Originally Posted by: DODtoDOCtoDOD Go to Quoted Post
...can the federal govt (via the COR) demand that the contracting company switch the 2 contractors?

I am not a contracting expert but as I understand it, the COR is there to make sure that the contractor is fulfilling the contract. If the contractor is providing a qualified person and the contractor is meeting the terms of the contract, I'm not sure the COR would have any grounds to direct the contractor to do this.

HOWEVER, the employees in question could go to their boss, and the contractor could work with the COR and work centers involved to see if they could work something out. This would not be a case of the COR directing something, but more like everybody getting together to find the best solution.

I have never personally encountered this but I have seen situations where personnel are moved between contracts (or the contractor tried to do it) and the COR losing the contractor raised a stink because one of the people was in a key role. But that's not quite the same as the situation you describe.

DISCLAIMER: You read it on an open internet forum :)
Exit7A  
#5 Posted : Saturday, October 20, 2018 1:29:30 PM(UTC)
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Yes, but we would discuss with company and employees to ensure everyone was on-board with the move. This is also dependent on how the contract is written. I was COR for a team of people and managed their day-to-day activities. I could not hire/fire people but could recommend to my manager as he had the authority to hire/fire. I was also a COR for a Help Desk but did not have any say in who they hired/fired (even my manager didn't). I just had to make sure the SLA's where adhered to. One more note; typically for contracts that require personnel will have the contract written with identified job classification which in-turn has an hourly rate tied to it. The government is charged the hourly rate regardless of what the company pays the employee.

Just my two and half cents.
That's all I got to say about that.
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