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  • Question

    is this considered a performance based acquisition if so why, if not why?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting officer, program manager and/or legal department as appropriate. 
    We offer no opinion as whether your one sentence scenario is or is not a Performance Based Acquisition (PBA).  Ultimately that is a decision of the contracting officer working with the project leads and considering all aspects of the solicitation.
     
    The FAR defines PBA as follows:
    FAR 2.101
    “Performance-based acquisition (PBA)” means an acquisition structured around the results to be achieved as opposed to the manner by which the work is to be performed."
    It further defines performance.
    “Performance Work Statement (PWS)” means a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes."
     
    The FAR also addresses PBA at FAR subpart 37.6.  It refers to using a Statement of Objectives which would lead to a PWS; it makes no reference to a Statement of Work.
     
     

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