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  • Question

    What is the requirement in the FAR to cite regulations/codes that the contractor must comply with? Do we need to specify the applicable chapter, etc within the regulation? Besides the FAR, what other references talk about this requirement, or is this left up to each agency's lawyers to determine the level of specificity? Is it acceptable to state that the "contract must comply with all applicable local, state, and federal regulations/codes" in addition to citing some regulations?


    Answer

    General Response: 
    To start, you must take into account what is being purchased.  Is it commercial or non-commercial?  What too is the estimated cost of the acquisition?
    There is not a standard template or outline for a PWS. The Federal Acquisition Regulation only requires that agencies--
    • Describe the work in terms of the required results rather than either "how" the work is to be accomplished or the number of hours to be provided.
    • Enable assessment of work performance against measurable performance standards.
    • Rely on the use of measurable performance standards and financial incentives in a competitive environment to encourage competitors to develop and institute innovative and cost-effective methods of performing the work.
    Agencies require adherence to established policies and procedures.  Check with policy branch/division. 
     
    Additional Information:
    Review Seven Steps to Performance Based Services Acquisition. 
    Link:  https://acquisition.gov/comp/seven_steps/home.html
    Review Service Acquisition Mall:
    Link:  http://sam.dau.mil/Content.aspx?currentContentID=pws_soo
     
    Review Tool:  Automated Requirements Roadmap Tool (ARRT):
    Link:  http://sam.dau.mil/Content.aspx?currentContentID=arrt


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