Should Architect Engineering task orders be using a Performance Work Statement or Scope of Work?
Yes, performance based work statements should be used in acquiring architect engineering services.
Open full Question Details
In any acquisition, the Government typically provides the contractors a Statement of Work (SOW) or a Performance Work Statement (PWS) detailing the requirements for contractor delivery. Both a PWS and SOW contain a "scope of work". In very general terms, a PWS tells the contractor "what" the Government wants delivered. A SOW tell the contractor "how" the Government wants the contractor to perform the work.
The objective of A&E contractor proposal evaluation is selection of the "most qualified" contractor to perform the work at a fair and reasonable price. The A&E contractors are the prime examples of performance based service acquisition since the Government tells the contractor "what" we want designed rather than "how" to perform the design. The Government contracts for the contractors creativity and expertise in design.
In accordance with the FAR reference below, Architect Engineering is definitely a service.
FAR 37.101 Definitions
"Service contract" means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. Some of the areas in which service contracts are found include the following..." 7) Architect Engineering