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  • Question

    Is it acceptable to use a Performance Work Statement for a Construction (FAR Part 36) Requirement?


    Answer

    The idea behind the PWS is to identify results or outcomes the Government seeks without providing offerors detailed directions or specifications on how to achieve the desired results. Construction contracts are not services contracts, and require exacting specifications due to various federal and state laws and regulations relating to construction. So, I would avoid thinking of construction contracts in terms of the performance-based objectives...which are central to a PWS.

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