If commercial terms already exist in the offeror's commercially-available service agreement, why would I need a Performance Work Statement? Contract clauses and provisions would make sure that the Government retains those terms that it wishes to supersede the commercial terms. I haven't seen where the FAR addresses this scenario, if it addresses it at all.
The performance work statement (PWS) is not meant to convey contract terms (e.g., warranties, termination rights) but rather to describe the outcomes that the Government needs accomplished. In fact, without such a work statement, it cannot be determined if a commercial item is suitable for meeting the Government's requirement. A PWS for a requirement which the requiring activity and contracting officer believe can be satisfied by a commercial item (service) may not have to be as detailed as a statement of work for a Government-unique requirement, but the Government still needs a standard against which to evaluate contractor performance. That standard is the PWS.
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