Transcript Slide 1

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Contract Specifications and
Performance Based Work
Statements©
Tidewater Government Industry Council
Training Program
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Flashbacks and Dots
• Acquisition Planning/Market Research
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Market Surveillance and Investigation
Involve the Team
Commercial Items and Services
Requests for Information (RFI)
Draft Statement of Work
Draft Request for Proposal
Pre-Solicitation Conference
Procurement Administrative Lead Time
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More Flashbacks and Dots
• Contract Types
– Risk Sharing Arrangement
– Type and Complexity of Requirement
– Doctrine of Contra Proferentem
– What does the contract say?
• Competition
– Incumbents and Competitors
– Single-Award vs. Multiple Award Contracts
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Design & Performance Specifications
• Design
– Detailed, prescriptive, how-to
– Military and Federal Specifications
– Detailed drawing packages
• Performance
– Outcomes (within parameters)
– Performance Measures
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FAR 37.102(a)
• Performance Based Acquisition
– Preferred method for acquiring services
– Must be used to the maximum extent
practicable except architect-engineer
services, construction, utility services and
services incidental to supply purchases
• Still has applicability, e.g., Design-Build, Service
Levels, Commercial Installation Services
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FAR 37.601
• Requirements are described in terms of results
rather than methods to perform the work
– What versus how
– Descriptive versus prescriptive
• Work is performed using measurable
performance standards, e.g., timeliness,
quantity, quality
• Price or fee reductions for unacceptable results
• Performance incentives for better performance
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Technical Program Office Responsibilities
• A Statement of Work that clearly defines
the required effort and specific tasks to be
accomplished
• Quality assurance requirements for
(objectively) determining acceptable
performance
• Deliverables and their delivery dates
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Performance Based Acquisition in its Simplest Terms
• What do I need?
• When do I need it?
• How do I know it’s good?
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Benefits of Performance-Based
• Increased likelihood of meeting mission needs
• Focus on results, not prescriptive process; Absence of
detailed Government specs and processes
• Better value and enhanced performance
• Flexibility in contractor experience and solutions
• Enhanced competition
• Reduced likelihood of protests and claims
• Contractor responsible for quality control, Government
for quality assurance
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Fundamentally
• Federal contracts should mirror best
commercial practices which tend to be
outcome oriented
• More fundamentally, why are you
contracting and with whom are you
contracting?
• Most fundamentally, how do you execute
personal procurements?
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Elements of the PBWS
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Performance Requirements
Performance Standards
Acceptable Quality Level
Monitoring Method
Incentive
Performance Requirements Summary
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Performance Requirement
• Scrub to eliminate unnecessary tasks
• What is the requirement?
• What must be accomplished to satisfy the
requirement?
• What deliverables are necessary and
when are they due?
• Use the “so what” test.
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So What?
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Who needs the output?
Why is the output needed?
What occurs as a result?
Is it worth the effort and cost?
Would a different output be preferable?
Requirements vs. “desirements”
– Saw it, liked it, wanted it.
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Performance Standards
• Drive level-of-effort and cost; should be
consistent with minimum mission needs
• What are the standards for timeliness, quantity,
and quality, e.g., work volume, completeness,
accuracy, reliability, customer satisfaction, cost,
etc.
• How much deviation can the mission tolerate?
• Will commercial standards meet mission needs?
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Examples of Performance Standards
• Response times, delivery times, timeliness
meeting deadlines or due dates
• Error rates (number)
• Accuracy rates (percentage)
• Completion milestones (% complete and
time)
• Cost control (non-fixed price contracts)
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Checklist for Performance Standards
• Do your selected standards address
quality, quantity, and timeliness?
• Are they objective and measureable?
• Are you using commercial standards?
• Will two evaluators come to the same
performance conclusions using the same
chosen standards?
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Acceptable Quality Levels
• AQLs – Performance thresholds for minimally
acceptable level of performance
• Should be consistent with mission needs and
budget
• Some level of unacceptable work will always
happen and zero tolerance is expensive
• How much error is acceptable and how much
perfection is affordable.
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Checklist for AQLs
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Clearly defined?
Realistic and achievable?
AQL time period clearly defined?
Performance evaluators identified, trained,
and technically knowledgeable?
• Will AQL satisfy customer?
• Allow for improvement…incentives
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Monitoring Methods
• Random Sampling & Periodic Sampling
– Most appropriate for frequently recurring tasks
– Sample size and frequency calibrated to
experienced performance
– Periodic sampling similar to random but at
specific intervals or dates
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Monitoring Methods
• Trend Analysis
– Used regularly and continually to assess
ongoing performance over time
– Maintained in customer database
– May be used to recalibrate performance
assessment methods and/or frequencies
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Customer Feedback
• Supplements other forms of evaluation
• Likely complaint-oriented and subjective
• Must be validated by Contracting Officer’s
Technical Representative (COTR)/Quality
Assurance Evaluator (QAE)
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Determining the Assessment Method
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Best match-up with outcomes and standards
Criticality of task to mission
Length of assessment period
Frequency and cost of assessment
Availability of capable Assessors
Commercial practice for the service area
Practicality and reasonableness of contractor
re-performance
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Performance Assessment Plan
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Government-initiated document in parallel with PBWS
Describes how QAE will evaluate and assess performance
One or more methods for each performance objective
Describes how performance information will be captured and
documented
• Revised and modified as necessary
• Incorporated into contract or otherwise furnished to contractor
– Based on the premise that contractor is responsible for Quality
Control
• Contractor-developed Quality Control Plan may be required
in proposal or as an initial contract deliverable
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The Contractor’s QCP
• The contractor’s procedures to ensure:
– Successful completion of tasks
– Compliant, timely deliverables
– Cost-efficient task completion
– Effective management of workforce, level-ofeffort, labor mix
– Tracking of labor hours to correct or replace
work not meeting contract requirements
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A Suggested PBWS Format
• Introduction (brief)
– What is overall need and why important
• Background Information (relatively brief)
– How need supports the mission
• Scope (brief)
– What specifically is needed and included in the framework of the
contract.
• Applicable Documents
– Directives, instructions, publications
• Pertinent and available
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A Suggested PBWS Format
• Performance Requirements (narrative)
– Performance outcomes and their measures
– Performance Requirements Summary
• Special Requirements
– Security
– Period of Performance
– Place(s) of Performance
– Government Furnished Facilities/Equipment/Information
• Deliverables
– Tie their purpose to needs and mission
– Who will use them and why
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Tips for PBWS Authors
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Assume nothing and avoid generalities
Don’t rush to produce volume
Commit to clarity, “what,” not “how”
Don’t include extraneous material or over-specify
Avoid redundant repetition
Think before you write
Active, not passive, voice
Plain language, explain acronyms
Avoid run-on sentences
Describe requirements, don’t write around them
Write to explain, not impress
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Today’s Closing Thought
“What does the contract say?”
Bernard Sargrad, 1974
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Closing Questions?
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TGIC Training Program for FY 2014
TOPIC
PRESENTERS
REED INTEGRATION,
INC.
SUFFOLK
TIDEWATER
COMMUNITY COLLEGE
VA BEACH
1
Synopsis, Competition,
and Sole Source
Jeff Brunner and
Damien Walsh
November 5th
December 3rd
2
Small Business and
Other Socioeconomic
Set-Asides
Dona Storey and
Brad Reaves
January 14th
February 25th
3
Contract Specifications
and Performance Based
Work Statements
Jeff Brunner and
Damien Walsh
March 11th
April 1st
4
Contract Pricing and
Pricing Strategies
Beverly Arviso
May 13th
June 10th
5
Source Selection,
Debriefings, and
Protests
Damien Walsh and
Terence Murphy
July 22nd
August 5th
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