Often identified as the “Introduction,” this section should provide information needed to acquaint the reader with the planned acquisition.
The background information should identify the requirement in very general terms; describe why the project is being pursued, and how it relates to other projects. Summarize any statutory authority or regulations affecting the overall requirement; and identify any background materials attached to the SOW.
A variety of people with different perspectives and life experiences will read your SOW. Readers typically include government and industry contracting personnel, managers, technical experts, accountants and lawyers. All these readers need to understand the SOW in a clear and concise manner; therefore, language selection is very important. Below are tips that you should consider when reviewing the SOW.
Use simple words, phrases, and sentences whenever practical. Be concise, precise, and consistent. Keep sentences short and to the point. Normally the longer the sentence, the harder it is to understand. Use verbs in the active voice. A verb is in the active voice when it expresses an action performed by its subject. For example, “The contractor shall report contract progress quarterly.” Avoid using verbs in the passive voice. A verb is in the passive voice when it expresses an action performed upon its subject or when the subject is the result of the action. For example, “Contract progress shall be reported quarterly by the contractor.” Use “shall” or “must” when writing a requirement binding on the contractor. Avoid “should” or “may” because they leave the decision on appropriate action up to the contractor. Use “will” to indicate actions by the government.
Be consistent when using terminology. Use the same word to mean the same thing throughout your SOW. Avoid using different words to indicate the same type of action. Avoid redundancy. At best, requiring the contractor to do the same thing in different parts of the SOW will add needless words to the SOW. At worst, there may be subtle differences in the requirements that will lead to a dispute during contract performance.
Avoid vague or inexact phrases and generalizations. Avoid catchall and open-ended phrases, such as, “is common practice in the industry,” “as directed,” or “subject to approval.” If you want to give the contractor an opportunity to use their standard commercial practices, require each offeror to identify its commercial practices in a proposal and then include that proposal as part of the order/contract.
Define technical terms. Avoid using government jargon. Assure that it is clearly defined whenever jargon must be used. Only use “any,” “either,” “and/or,” “etc.” when allowing the contractor to select an alternative. Use abbreviations or acronyms only after spelling them out the first time they are used [e.g., National Aeronautics and Space Administration (NASA)]. Spell them out even if they are commonly used by the user’s agency because a commercial contractor may not be familiar with them. Identify the date or version of any document referenced in your SOW. Advise readers from industry where they can obtain referenced documents.
This section should provide a brief statement of what the agency expects to accomplish under the contract — the breadth and limitations of the contract effort. It should not include specific work tasks or a description of deliverable products since this will be included in the “Tasks/Requirements” section described below.
This section should provide a concise overview of the contract effort goals and objectives; and how the results or end products will be used.
Sometimes identified as “Requirements” or “Work Requirements,” this section defines the tasks that the contractor must complete during contract performance. The description of task requirements will depend on the approach that is selected to describe the required effort. This section should specify requirements clearly so that all readers can understand them. Reference only the absolute minimum applicable specifications and standards needed. Tailor specifications and other documents and separate general information from direction. For a Performance-Based Work Statement, this section should describe requirements in terms of results required rather than the methods for completing the work. This latitude will permit the contractor to develop new and innovative ways to complete those tasks. This section must also describe requirements in a way that permits contractor personnel to perform the service without direct Government supervision. The SOW should not include words that appear to indicate that the Government is managing day-to-day operations.
This section should clearly state what the contractor must deliver. If different tasks have different delivery requirements, they must be clearly identified along with times within which the contractor must deliver. This may be stated using actual dates, days after contract award, or using some other method that clearly marks the required delivery date, and where the contractor must deliver the service. This may be stated as a location, an organization, a person identified by position (e.g., Contracting Officer’s Representative, a person identified by name or using some other description). What documentation (if any) the contractor must obtain from the Government to verify Government receipt of the delivery.
This section should identify any government-furnished property provided to the contractor. This includes all government-furnished property, such as government furnished material, equipment, or information. If the list of property is extensive, this section should identify where that list can be found. Before offering to provide any property, make sure that it will be available when required, where required, and in the condition required by the contract. Failure to meet government furnished property requirements often lead to a contractor claim for an equitable adjustment to contract price, delivery, or other requirements. Specific requirements about providing government furnished property can be found in FAR 45, government property, and related agency policy.
This section should identify any unique security requirements associated with contract performance (when applicable). These requirements may include, but are not limited to, such items as:
Special pass or identification requirements; Special security clearance requirements; or Special escort requirements.
Place of Performance
This section should identify where the contract will be performed. If performance will occur at multiple government locations, this section should indicate which tasks must be completed where. If performance will be at the contractor’s facility, the SOW need only state that requirement.
Period of Performance
The period of performance may be stated using actual dates, days after contract award, or using some other method. If different periods of performance will apply to different tasks, the tasks and related periods of performance should be clearly identified.