14 FAH-2 H-340
the PERFORMANCE WORK STATEMENT (pws)
(CT:COR-33; 04-21-2015)
(Office of Origin: A/OPE)
14 FAH-2 H-341 GENERAL
(CT:COR-33; 04-21-2015)
a. The performance work statement (PWS) serves as the
foundation for the request for proposals (RFP) or invitation for bids (IFB) and
resultant contract. It explains what is to be accomplished in terms of results
so that the U.S. Government can monitor and evaluate the progress and final
result of the project effectively. It describes
the required results in clear, specific and objective terms with measurable
outcomes. (Reference the Federal Acquisition Regulation (FAR) 48 CFR
2.101, Definitions, and 48 CFR 37.602).
b. A statement of objectives (SOO) may be used in lieu
of a PWS. With the SOO approach, the U.S. Government does not address the
required tasks the contractor is to perform, but provides the outcomes/results
that must be achieved. The contractor must list in its proposal the necessary
tasks to be performed for each outcome. The U.S. Government will then formally
incorporate these tasks in the contract as the PWS. A SOO approach is only
appropriate when using negotiated acquisition methods.
c. The PWS should state requirements in general terms
of what (result) is to be done, rather than how (method) the work is to be done.
The PWS gives the contractor maximum flexibility to devise the best method to
accomplish the required result. The PWS must be written to ensure that all
offerors compete equally and to encourage
participation in the opportunity to perform the work. The U.S.
Government must remove any features that could unnecessarily
restrict a potential offeror. However, the PWS must also be descriptive
and specific enough to protect the interests of the U.S. Government and to
promote competition. The clarity and explicitness of the requirements in the
PWS will invariably enhance the quality of the proposals submitted. A
definitive PWS is likely to produce definitive proposals, thus reducing the
time needed for proposal evaluation.
d. When a contract is awarded, the PWS is legally
binding upon the contractor and the U.S. Government. It provides an objective
measure so that both the U.S. Government and the contractor will know when
increments of work are completed and payments are justified.
e. See 14 FAH-2 Exhibit
H-341, Checklist for Preparation of Performance Work Statement (PWS).
14 FAH-2 H-341.1 The Language of
Performance Work Statements (PWSs)
(CT:COR-33; 04-21-2015)
Writing a performance work statement (PWS) is an exercise in
expository writing. Clarity and simplicity are far more important than style.
The following techniques should prove helpful for this and all other business
writing. The objective is not to create a work of literary beauty, but to
draft a written document that has the least probability of being interpreted
differently by different readers:
(1) Use active verbs: Use the
active rather than passive voice when stating a requirement. The active voice
is more vigorous, direct, and concise. For example, say "the contractor
shall inspect the site..." rather than "the site shall be
inspected..." Use of second-and third-person pronouns is acceptable and
appropriate (i.e., "you" and
"they");
(2) Strive for clarity: Avoid
words that are vague or inexact. Search for accurate, descriptive words rather
than use of routine words;
(3) Be concise: Eliminate
repetition. Use simple, short, and concise sentences so that a minimum of
punctuation is needed;
(4) Limit paragraph length:
Limit each paragraph to a single idea. State the idea (topic sentence) at the
beginning. Add other sentences only as necessary to develop and support the
original idea;
(5) Use adjectives sparingly:
Often, adjectives soften nouns and make their meaning vague. For example,
adjectives such as "workmanlike," "successful,"
"substantial," and "adequate," used to describe expected
performance, tend to decrease rather than increase the contractor's obligation;
(6) Use language consistently:
Use the same words, phrases, and descriptive labels throughout to express the
same meaning. A business or legal reader tends to interpret a variation in a
definition, label, or phrase to mean that the writer intended a different
meaning. By consistently using the same terms for the same things, you will
avoid misinterpretation;
(7) Use mandatory language:
Use the words "shall" or must to express a binding provision. Use
the permissive terms "should" and "may" to express a
declaration of purpose or other nonmandatory provision. Use "will"
in cases where simple futurity is required;
(8) Avoid ambiguity: Avoid
using words and phrases that obscure meaning. Do not use and/or in a PWS.
Use or to indicate an alternative such as information may be supplied on
typed pages or on computer printouts. Use and to indicate additive
requirements, such as the contractor shall supply one set of originals
drawings and one set of reproductions;
(9) Limit use of abbreviations and
acronyms: Use only abbreviations and acronyms in common usage or those
that you will use several times per page. Identify the abbreviation or acronym
the first time you use it in the PWS. For complicated solicitations that use a
lot of abbreviations or acronyms, consider developing and including a list of
definitions in the solicitation document; and
(10) Metric: Use the metric
system (with English equivalents) in all contracts unless such use adds
significantly to the contracts cost or is otherwise infeasible.
14 FAH-2 H-341.2 Elements of a
Performance Work Statement
(CT:COR-33; 04-21-2015)
a. The particular issues to be addressed in a
Performance Work Statement (PWS) will vary with the nature, purpose, size, and
complexity of the work to be performed. At a minimum, however, every PWS
should:
(1) Give a precise statement of objectives or
outcomes;
(2) Identify the tasks to be performed but not specify
how these tasks should be performed or the approaches to be used. If a
Statement of Objectives (SOO) approach is used, specify only required outcomes
or objectives; the contractor will identify the tasks to be performed and how
they will be performed, which will ultimately become the PWS;
(3) Use measurable performance standards (i.e., terms
of quality, timeliness, quantity, etc.); and
(4) Develop a quality assurance plan (QAP) that will specify procedures for the reduction
of fee or price when services are not performed or do not meet contract
requirements, and when re-work is not feasible. In addition, the QAP may also
include positive performance incentives, which may or may not be of a monetary
nature. (Reference 48 CFR 37.604, "Quality assurance surveillance plans" and 48
CFR 46.4).
b. In writing the final version of the PWS, you may
need to combine or rearrange elements in individual sections to fit particular
circumstances. The main objective should be to arrange and present the
elements in a manner that:
(1) Is logical and readable;
(2) Emphasizes the most important elements; and
(3) Conveys exactly what is required of the
contractor.
14 FAH-2 H-341.2-1 General
Description
(CT:COR-1; 12-20-2005)
a. Background (introduction):
Provide a general description of the requirement. Briefly discuss why the
particular project is being pursued, and how the project will relate to
previous, ongoing, and future projects, if applicable. The discussion should
provide sufficient information to enable a prospective contractor to understand
how the requirement arose and how it fits into a broader series of events.
b. Scope or summary: The term
"scope" should not be confused with the Performance Work Statement
(PWS), itself, as it sometimes is. The scope of work is just a
"summary" of the PWS describing the actions to be performed by the
contractor and the desired end product. Provide an overall, nontechnical
description of the work to be performed. Identify and summarize the various
phases of the project in terms of specific objectives, such as timing, end
products, and interface with other projects or contracts. State the desired
start date for the services, and the desired period of performance, including
any option periods. The "scope" or "summary" must be
consistent with the more detailed requirements appearing elsewhere in the PWS,
and with the level of funding anticipated.
14 FAH-2 H-341.2-2 Summary of
Requirements
(CT:COR-33; 04-21-2015)
a. List each outcome or result that the contractor must
achieve.
b. For each outcome, identify the tasks the contractor
must perform. Do not specify how the tasks are to be accomplished or the
approaches to be used.
c. Establish specific measures of performance, which
are called performance standards. These standards may be incorporated
directly into the Performance Work Statement (PWS) or in the Quality Assurance
Plan (QAP), which is referenced in the PWS. Sometimes these standards can be
made measurable by incorporating a reference to a U.S. Government or industry
standard, or by finding a way to test the quality assurance provisions of the
PWS. Performance standards are used to evaluate contractor performance and
compliance with the terms and conditions of the contract. The U.S. Government will compare contractor actual performance with the acceptable quality
level standard to determine if the contractor has achieved the required quality
for the contract.
d. A performance indicator is an output that can be
measured, such as quantity or quality. The question to ask is "What
measure should be used?"
(1) Review each identified job to see the measures
associated with it. Often, agency directives specify the performance
indicators that will be used to evaluate the process. If the indicators are
not set, work with management to decide what indicators would help to measure
the process; and
(2) Rates of time, distance, and accuracy are
particularly useful for this purpose. Be careful to choose performance
indicators that are realistic.
14 FAH-2 H-341.2-3 Period and
Deliverables or End Products
14 FAH-2 H-341.2-3(A) Period of
Performance
(CT:COR-33; 04-21-2015)
Specify the number of months or other time period required
for total performance of the contract.
14 FAH-2 H-341.2-3(B) Deliverables
(CT:COR-33; 04-21-2015)
Identify all deliverables.
If the provision of data is a deliverable,
describe the specific kinds of data required, the
format, and any standards to which the data must conform. If the
deliverable is a report, specify desired format and content. Specify the
number of copies (data or reports) to be furnished. State the specific person
or office and the address to which delivery must be made.
14 FAH-2 H-341.2-3(C) Delivery
Schedule
(CT:COR-33; 04-21-2015)
Specify the proposed starting date and date of delivery for
each deliverable. The schedule should be stated in precise terms describing
the items to be delivered both during the period of performance and at
completion of the contract. Delivery or completion schedules may be expressed
as calendar dates or in terms of a number of days from the date of contract
award, contracting officer notice, or other contractual event. When using
days, specify workdays or calendar days, keeping in mind any local and U.S. Government holidays.
14 FAH-2 H-341.2-3(D) Coordinating
Performance/ Delivery Schedules
(CT:COR-33; 04-21-2015)
The period of performance and delivery schedule should
relate to any interface requirements of the work being
performed. If the contract product depends on other U.S. Government
actions, then deliveries should be scheduled to coincide with those related actions. If there is no such
interdependency of delivery dates, then the period of performance may be
specified as number of days after contract award.
14 FAH-2 H-341.2-4 Progress and
Compliance
14 FAH-2 H-341.2-4(A) Progress
and Status Reports
(CT:COR-33; 04-21-2015)
a. Contractor preparation and submission of technical
and compliance progress reports may be required for the contracting officer and
contracting officers representative (COR) to track the ongoing status of a
contract. Design such reports to reveal the information required to keep the
contracting officer, COR, and contractor knowledgeable about the contract.
b. The 41 U.S.C. 2301,
implemented in FAR 48 CFR subpart 4.5,
provides for the use of "electronic
commerce" in federal acquisition whenever practicable or cost effective.
When electronic data interchange is not
used, 48 CFR 4.302 requires the Department
to have contractors submit paper documents to the U.S. Government printed or copied double-sided on at least 30 percent
postconsumer fiber recycled paper. Keep in mind that contractors
include as part of their price the costs associated with generating required
reports. So, to save the U.S. Government money and to avoid wasting paper, do
not request paperwork or reports from contractors that will either not be reviewed or will not provide useful information.
c. Specify any progress report requirements and
discuss those areas the reports are to cover, the format, the criteria to be
used in accepting reports, the number of copies the contractor should submit,
and to whom they should be submitted as shown in the following example:
|
Example:
Progress report requirement
a. The contractor shall
furnish ____ copies of a monthly-letter type progress report to the
contracting officer on or before the ____ of the month following the calendar
month being reported. One copy shall also be furnished to the COR.
b. Each report shall
contain concise statements covering the ____________ activities. The
contractor shall deliver copies of the monthly progress report and
transmittal letter to the contracting officer at the following address:
________________________________
|
d. If the contracting officer chooses to require
contractor reports, consider including one or more of the following kinds of
information for the reporting period:
(1) A clear and complete account of the work performed
on each task;
(2) Notification of any changes in key personnel
associated with the contract;
(3) Projected schedule of the work to be accomplished
during the next reporting period and until contract completion;
(4) Description of the approach taken, progress in
achieving contract objectives, and estimate of percentage of technical work
completed;
(5) Description of any problems encountered or
anticipated that will affect the completion of the contract within the time and
fiscal constraints set forth in the contract, together with recommended
solutions, or, a statement that no problems were encountered; or
(6) Summary of any problems or concerns requiring U.S.
Government guidance or assistance.
e. If the contract requires contractor reports, the
contracting officer and COR may wish to develop a report format (such as a
"fill in the blanks"- type report) and include it in the
solicitation. Left to develop their own formats, contractors may not report bad
news or provide needed regular status reports.
14 FAH-2 H-341.2-4(B) Inspection
and Acceptance
(CT:COR-33; 04-21-2015)
a. The U.S. Government will inspect to determine
contractor compliance with the contract,
including FAR 48 CFR 46.000 quality and
quantity requirements. This is done in conjunction with the Quality
Assurance Plan (QAP). The QAP is typically referenced in the Performance Work
Statement (PWS) or Section E of the contract.
However, in most instances, due to its size, it is a separate contract
exhibit. In addition, there may be cases when the U.S. Government determines
as part of its acquisition strategy to allow contractors to propose their own
QAP or specific contents of the QAP to be incorporated into the contract.
b. QAP content: The QAP states the U.S. Governments
performance expectations (i.e., standards and acceptable quality levels for
outcomes or tasks), how often deliverables or services will be monitored and
evaluated, and if there are any positive or negative incentives regarding
performance.
c. The principal method of surveillance used is
inspection. The U.S. Government also uses checklists, spot checks, and
customer complaints to measure contractor performance.
14 FAH-2 H-341.2-5 U.S.
Government-Furnished Property (GFP), Data, or Services
14 FAH-2 H-341.2-5(A) U.S.
Government Property/Facilities
(CT:COR-33; 04-21-2015)
a. U.S. Government policy
(see 48 CFR 45.102) ordinarily requires
contractors to provide all facilities and equipment required for performance of
the contract. A determination must be made by the contracting officer that
clearly demonstrates providing facilities or equipment is in the best interests
of the government along with the three additional conditions of 48 CFR
45.102(b). One example could be when performance
must take place within U.S. Government offices.
b. If the U.S.
Government plans to provide the contractor with any property, including facilities, for use in performing the
contract work, or if the contractor is to acquire property with contract funds,
describe the property to be furnished or acquired (kinds, size, individual
items, and quantities); when the property will be furnished to or acquired by
the contractor; and the condition and value of the property. The contracting
officer will provide the contract provisions for regulating the use and
disposition of the property usually by including
FAR clause 48 CFR 52.245-1, Government
Property, and other appropriate clauses required by FAR 48 CFR 45.107 into the contract. Describe the facilities to be
furnished such as the extent of office space and computer equipment.
14 FAH-2 H-341.2-5(B) Insurance
(CT:COR-33; 04-21-2015)
The contractor may be required
to purchase liability or auto insurance (48 CFR 28.307-2) when performing work on a U.S. Government facility.
When the Defense Base Act (42 U.S.C. 1651)
applies, overseas contract performance may require the purchase of insurance.
Reference the FAR 48 CFR 28.305
requirements and FAR clause 48 CFR 52.228-3, Worker's Compensation Insurance (Defense Base Act).
14 FAH-2 H-341.2-6 Special
Considerations
14 FAH-2 H-341.2-6(A) U.S.
Government-Furnished Material
(CT:COR-33; 04-21-2015)
If the contracting officers representative (COR)
considers it appropriate to furnish the contractor with certain expendable
items necessary for contract performance, set reasonable limits on the amounts
the U.S. Government will supply, and require the contractor to pay for any
additional quantities required. The objective is to create a financial
incentive for the contractor to carefully manage the use of the materials, and
to discipline employees who fail to take proper care of the items. Reference 48 CFR 45.101 for the definition of "material."
14 FAH-2 H-341.2-6(B) Special
Terms and Conditions
(CT:COR-33; 04-21-2015)
Describe any special provisions or situations about which
the contractor should be informed. This would
include requirements to use the Synchronized Pre-Deployment Operational Tracker
(SPOT) system to register contractors deploying to contingency operations and
any pre-deployment training or orientation requirements. (Reference 48
CFR 52.225-19, paragraph g, and PIB 2008-15.)
14 FAH-2 H-341.2-6(C) Travel
(CT:COR-33; 04-21-2015)
Describe any requirements or approvals necessary for travel,
including destinations (if known), number of trips, purpose of the trip, and number of days per
trip.
14 FAH-2 H-341.2-7 References
(Applicable Documents)
(CT:COR-33; 04-21-2015)
a. Provide a list (by title and number, if any) of all
documents, or parts of documents, referred to elsewhere in the Performance Work
Statement (PWS). The list may include scholarly studies, technical reports and
publications, specifications, standards, and other materials needed to clarify
or support the work.
b. Merely listing the
documents in this section does not establish a contractual obligation to adhere
to any provisions contained in the documents.
You must state any such obligation within the PWS. Be sure to limit the
obligation to document provisions which apply to specific tasks and which are
clearly not in conflict with other provisions presented in the PWS.
c. Explain where the materials may be obtained, or
where and when it will be made available for review. If access to the documents is too difficult or expensive,
it may limit the number of willing offerors, or, in extreme circumstances,
serve as a basis for a protest.
14 FAH-2 H-341.2-8 Attachments
(CT:COR-33; 04-21-2015)
a. It may sometimes be necessary to include rather
lengthy materials in the solicitation itself, so that offerors will have
sufficient information to prepare adequate proposals. The materials will be
included in the solicitation as attachments to the Performance Work Statement (PWS).
b. If you need to
include attachments to the PWS:
(1) Include only materials that are necessary to the
offeror's understanding of the requirement;
(2) State in the body of the PWS (in the background
section or the detailed work requirements section, for example) that such
attachments are provided, as well as their
purpose;
(3) Indicate, as a prefatory note to the attachments,
whether the material is provided merely as background information or whether
portions of the material set forth contractual obligations; and
(4) Include copies of the material to be attached in
the procurement request.
14 FAH-2 H-342 FINAL POINTS IN
DEVELOPING THE Performance Work Statement (PWS)
(CT:COR-33; 04-21-2015)
a. Do not use "catch-all"
paragraphs or phrases with the intent of pretending that anything else the
Department may think of later was already included in the performance work
statement (PWS). The practice is tempting because it seems to make
changes unnecessaryi.e., all one has to do is reinterpret the existing words.
But such catch-alls are a trap for two reasons:
(1) First, they may
allow contractors to pad their estimates to cover unknowns; and
(2) Second, they may
provide contractors an opportunity to include goods or services you do not
want; as well as get paid for those items actually not wanted or needed by the
U.S. Government.
b. Do not include in the PWS itself
any provisions dealing with legal, financial, or contract
administration-related issues (e.g., cost/price estimate, U.S. Government
option to extend, recommended type of contract). Discuss these matters,
as necessary, in a separate part of the procurement request.
c. Do not obscure your presentation
of requirements by mixing proposal requirements and contractual requirements.
The PWS should address only the work and the end items required after a
contract is awarded. The contracting officer will insert instructions for
technical proposal preparation in the appropriate section of the solicitation.
Should you require any special issues to be addressed in the proposals, you
should provide special instructions in a separate part of the procurement
request package.
14 FAH-2 H-343 THROUGH H-349 UNASSIGNED
14 FAH-2 Exhibit H-341
Checklist for Preparation of the Performance Work Statement (PWS)
(CT:COR-33; 04-21-2015)
a. GENERAL INFORMATION
(1) State tasks in such a way that the contractor
knows what is required by:
(a) Using specific
and clearly defined contract goals;
(b) Stating technical
and schedule requirements in terms of desired results or outcomes;
(c) Identifying methods
of performance measurement;
(d) Clearly establish deliverables
and other reporting requirements; and
(e) Ensuring mandatory
requirements are limited to the U.S. Governments actual needs;
(2) Correctly cite references. Thoroughly review all
references and sub-tier references (to other documents) to weed out unnecessary
requirements. Provide electronic links if available;
(3) Develop formal, measurable performance standards
and quality assurance surveillance plans;
(4) State references to data requirements in any task
that generates a deliverable. Ensure that there is a clear task to data relationship;
(5) Correctly cite specifications and standards, if
required. Ensure the latest revisions have been cited. Specifications and standards
must be a last resort, when no other alternative or cost effective solution
exists;
(6) State task completion criteria. The performance
work statement (PWS) should define what will constitute performance completion
under the contract. Be explicit in describing how acceptance will be
accomplished including acceptable quality;
(7) Avoid vague task statements that may hinder
proposal and source selection by limiting understanding of the U.S.
Governments critical objectives;
(8) Avoid unnecessary how-to requirements that
preclude best value source selection by not allowing offerors to propose
their most efficient or innovative
operations. How-to requirements may cost more and accomplish less;
(9) Avoid incomplete or unclear task descriptions that
may be misinterpreted or inconsistently applied by offerors and
source-selection officials. The performance work statement should clearly and
unambiguously describe the tasks in terms of
results the contractor is expected to accomplish; and
(10) Avoid over-specifying requirements. Identify what
is needed without overdoing it.
b. U.S. GOVERNMENT-FURNISHED PROPERTY
(GFP) OR DATA
(1) State what U.S. Government property, including equipment or data is to be furnished
and when it will be made available to the contractor;
(2) State property
descriptive information including the condition, "unit acquisition cost", and quantity of the property to be provided. (Reference 48 CFR 52.245-1(f)(iii));
(3) Ensure contractor responsibility is established;
and
(4) State whether the
contractor is required to have insurance. The U.S. Government is normally
self-insured for loss or damage to U.S. Government owned property. Reference 48
CFR 45.104, "Responsibility and liability
for Government property" whereby contractors generally are not held liable
for loss of government property under specific types of contracts. Also note
the 48 CFR 45.107(a)(1) requirements and
appropriate use of the property clause 48 CFR 52.245-1 (h), "Contractor Liability for Government
Property" or the "Alternate I" version of the property clause.
c. SPECIAL CONSIDERATIONS
(1) Determine what additional, relevant information
should be made known to the contractor;
(2) State where performance is to take place;
(3) State whether travel will be required and for what purpose; and
(4) State whether there are any special safety,
security, or operational considerations.