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Acquisition Process | Acquisition Planning | AE Acquisition

Performance Work Statement Elements

Intent of the Contract

The contract intent must be clearly stated in the Performance work statement. Exactly what is the architect engineer firm to do? For example:

If there are special requirements required by your agency, how is the architect-engineer firm to perform?

Project description

Exactly what is the project the A-E firm must design?

Put the information in the performance work statement as clearly as possible. The description should be as simply and completely stated as possible.

Are there any known design parameters?

Estimated cost of construction

The performance work statement is one place where the estimated cost of construction should be stated. The estimated cost of construction is important for two reasons:

Design Within Funding Limitations

The Design Within Funding Limitations clause requires the architect-engineer firm to "accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below."

Six percent statutory fee limitation

Title 10 U.S.C. 2306(d) and 41 U.S.C. 254(b), require that for the award of contracts for architect-engineering services for public works facilities, the fee "for production and delivery of designs, plans, drawings, and specifications shall not exceed 6 percent of the estimated cost of construction of the public work or utility . . ." FAR 15.404-4(c)(4)(i)(B)

Schedule of submittals

The Performance Work Statement must state all submittals to be provided the Government by the Contractor. Submittal requirements may differ among agencies. We must state which submittal is required and when it is due. For example, on a design contract we may want the following submittals:

We can require any submittal. We must remember, if we require a certain submittal, we must be ready to pay for it. Be specific when stating the submittal requirements in the Performance Work Statement. State which submittal is required; of what the submittal consists and when the submittal is due.

Technical criteria and standards

The technical criteria and the standards which the A-E firm must design to must be in the performance work statement. Often these documents are available in a form that can be easily incorporated by reference into the performance work statement.

"Special considerations"

There are other services that we may require the architect-engineer to provide. Some of those services could be in conjunction with the design contract and some may be in conjunction with the construction contract. Once again, remember that if we require the contractor to perform a service, we must be prepared to pay for it. Example of some other requirements:

Post Construction Award Services

Many times the Government will use architect-engineer services with the resulting construction contract management and administration. Examples of these types of services are: