Prepare Statement of Work (SOW)
Specifications:
Specifications describe technical requirements for materials or products and include discriminators for determining whether the requirements are met. Specifications generally provide detailed requirements that must be met for a given product or material. In using specifications or standards, discern what parts are truly applicable to the specific procurement and what can be excluded. This allows the Agency to tailor the specification to the present need.
Specifications and standards may be coupled with statements of work to define the need.
Statements of Work:
General. A properly written statement of work (SOW) is critical for the Agency to communicate and acquire what it needs. The SOW should describe the objectives, purpose, and, to the extent they are available, the detailed requirements for the work objectives to be accomplished. Whenever possible, avoid defining the approach to performing the work and rely on the marketplace to define its own solution. The degree of specificity in the SOW will depend upon the type and size of the project. When possible, service contracts must incorporate performance-based contracting methods to encourage contractor innovation and efficiency, and to help ensure contractors provide timely, cost effective, and quality contract performance.
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Do's - Don'ts.
- The 4 "W's." Consider the necessity of addressing who, what, when, and where in the SOW and include all these elements when appropriate to do so. All 4 "W's" are likely to be necessary in a service type contract and should be included to the extent necessary when appropriate in other types of work
- What work will the contractor do?
- When is the work to be performed?
- Who should perform the work - what minimum qualifications and experience are needed?
- Where must the work be performed?
- Redundancy. The SOW should not repeat material that is included in other parts of the contract; e.g., General Provisions, Special Provisions, Payment Terms, etc. This makes a contract difficult to modify and can create ambiguity when even slightly different words are used to express the same thing in different places in the contract.
- Writing Style. The SOW should be written in a clear and direct style without ambiguity. Using the simplest words, phrases, and sentences possible promote clarity so the document will be readily understood. Indefinite or ambiguous terms, words or sentences can create ambiguity and ambiguous contracts are difficult to enforce and administer. If the Agency authors an ambiguous contract, the ambiguity will be construed against the Agency.
- Active vs. Passive Voice. Use a direct active sentence structure clearly stating the subject that will perform the requirement, as in the following example: "The Contractor shall maintain all Government property related to the contract." This sentence uses the active voice and clearly states the subject (contractor) must perform the action in the sentence. The drafter should not use passive voice sentences. This kind of sentence implies who performs the action and does not directly state who performs the action as in the following example: "The Government property related to the contract shall be maintained." In this sentence, the subject who must maintain the property is not clearly stated. Therefore one could question if the Government maintains or the contractor maintains. Statements that do not directly state the subject are ambiguous and may be interpreted incorrectly. Thus the Agency may not be able to enforce the rights intended in the statement.
- Terms/Abbreviations. The first occurrence of new or complex terms should always be in full text. If an abbreviation will be used in further occurrences of the word, show the abbreviation in parenthesis following the first occurrence of the word.
- Word Selection.
- Shall/Will. The term "shall" is used to specify an action the contractor must take. Therefore, any expression of a required action by the contractor should be stated as "the contractor shall....". The word "will" is used to express declaration of future action on the part of the Agency.
- Any/Either/Or. These words imply a choice that either party may make, and should be avoided.
- Use of Pronouns. To avoid misinterpretation, it is preferable to use or repeat the noun rather than substitute it with a pronoun. Pronouns can create uncertainty as to what or whom the pronoun refers to which again promotes ambiguity.
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Other Elements. The SOW should be tailored to the specific needs of the procurement. The following sections may be included when appropriate provided they are not addressed elsewhere:
- General. This section should provide a broad overview of the SOW. It could include a general description of the scope of work;
- If there are personnel restrictions or requirements, they should be included;
- Quality control requirements;
- Definitions. A definition section includes all special terms and phrases used in the SOW. Definitions must clearly establish what is meant so that all parties will fully understand them. Also, SOW writers should carefully review trade terms or terms considered common to the industry, and provide definitions when those terms represent "slang" or are terms used only in specific geographical or industrial areas;
- Government-furnished property and services. If the Government will provide any property or services for the contractor's use during performance of the contract, this section should describe what will be given. If the list is fairly extensive, make it into an exhibit referenced in this section and attached elsewhere;
- Contractor-furnished items. In this section, describe material and equipment that the contractor must provide. As with Government furnished property, if the list is lengthy, reference it in this section and make it an exhibit attached elsewhere;
- Specific Work/Tasks. Describe work to be performed by the contractor;
- Applicable Technical Orders, Specifications, Regulations, and Manuals. This section should contain a list of applicable directives. Tell what happens when a directive changes during the life of the contract and state whether each directive is mandatory or advisory on the contractor;
- Delivery requirements;
- Packaging, packing or marking; and
- Technical Exhibits. Some items are too bulky to include in the main body of the SOW; these items should be included as technical exhibits.
- The 4 "W's." Consider the necessity of addressing who, what, when, and where in the SOW and include all these elements when appropriate to do so. All 4 "W's" are likely to be necessary in a service type contract and should be included to the extent necessary when appropriate in other types of work
Special Considerations and Requirements for Service Contracts:
"Service contract" means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. It can also cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis.
Performance-based contracting is the preferred method for acquiring services (Public Law 106-398, section 821). When acquiring services, including those acquired under supply contracts, agencies must use performance-based contracting methods to the maximum extent practicable, except for-
- Architect-engineer services acquired in accordance with 40 U.S.C. 1101 et seq.;
- Construction;
- Utility services; or
- Services that are incidental to supply purchases;
Additional information about performance-based acquisition for service contracts or task orders is available.
Sample statements of work are available:
Information Technology Services
Engineering Services Task Order
PBSC Consultant and Advisory Services
Management Information System, Statement of Objectives