Special Offers/Discounts          In-House Training          Contact Us          Home

Performance-Based Services Acquisition Workshop

Now Available
In-House

The Workshop includes two new components on metrics for evaluating PBSA performance and on the legal implications of PBSA contracting.

An accelerated workhop where you will learn how to:

  • Use a systematic approach to develop a performance-based contract.
  • Conduct a step-by-step review of your requirements and identify what performance outputs to use.
    • Learn what types of requirements lend themselves to performance-based contracting and which do not.
    • Write Statements of Objectives that describe the key, top-level goals for an acquisition.
  • How to identify and define measurable objectives and standards.
  • Develop a performance work statement that ensures key outputs are identified and are consistent with the Quality Assurance Surveillance Plan.
  • How contractors can respond to a performance-based acquisition.

The Federal Government has recognized the tremendous benefits available through the effective use of performance-based contracting strategies. Performance-based contracting is a procurement strategy that structures all aspects of an acquisition around the purpose of the work to be performed, as opposed to either the manner in which the contractor must perform the work or the processes that must be used. This strategy leverages the ingenuity of industry while providing the government with access to the best commercial products, services, and processes. Use of performance-based contracting strategies reduces acquisition cycle time and costs since contractors are not compelled to perform to detailed design type specifications that inhibit creativity and efficiency.

Knowledge of how Federal agencies implement performance-based contracting is essential for contractors who want to take advantage of this new contracting technique. As contractors are given greater latitude in determining the designs and processes that best meet the Government's requirements, the skill set needed to effectively respond to solicitations has changed. Rather than demonstrate the ability to comply with strict design specifications and standards, today's performance-based contractors must demonstrate innovativeness and cost effective management techniques. For example, they must be able to interpret and respond to a Statement of Objectives (SOO) by developing the Statement of Work that will set the performance baseline, propose realistic performance standards, and develop reliable quality assurance plans. Under this new acquisition strategy, contractors must be able to identify the limits of the design and configuration parameters permitted by the Government's solicitation. With this "trade space" contractors must be able to allocate resources to get the most competitive advantage for their bid and proposal dollars.

The instructor for this course is experienced in all of the areas outlined above and teaches the subject in a way that enables attendees to put the lessons to immediate use. The course will explain how to define requirements to facilitate a performance-based approach, how to develop the Statement of Work and the Work Breakdown Structure, and the critical interrelationship between the two documents; and how to develop quality assurance plans and contracting strategies that complement the goals of performance-based contracting. The course will also cover the well-established rules of contract interpretation, highlighting the importance of reading and writing the Statement of Work in a manner that reflects the intent of the contracting parties. To reinforce the most important features of the performance-based contracting method, the class will apply the principles discussed through several practical exercises.

Course Curriculum

  1. Introduction to Performance-Based Contracting
    1. Statutory and Regulatory Bases and Guidance
    2. Performance-Based Contracting Objectives
    3. Learn the Minimum Mandatory PBC Requirements
  2. Defining the Requirement
    1. Conducting Organizational Analysis
    2. How to Prepare a Work Breakdown Structure
    3. Conducting Activity Analysis
      • Analyzing inputs - work activity - outputs
    4. Conducting Performance Analysis
      • Understanding how the service can be measured
      • Identifying performance standards
    5. Estimating Costs
    6. Ways to describe requirements
    7. Issues surrounding routine versus non-routine requirements
  3. Writing the Performance Work Statement
    1. Basic Requirements and Writing Considerations
    2. PWS Formats
    3. Ensuring Completeness of the PWS
  4. Developing the Quality Assurance Plan
    1. Steps in Preparing the Quality Assurance Plan
    2. Understanding How Risk Assessment Drives the Level of Surveillance
    3. Surveillance Methodologies
      • 100% inspection
      • Statistical random sampling
      • Periodic surveillance
      • Customer complaints
    4. Developing Schedules, Checklists, and Reports
    5. Benefits of Surveillance
  5. Understanding Incentives
    1. Positive Incentives
      • Contract type
        • Award fees
        • Incentive fees
        • Options/award terms
      • Past performance report
  6. Negative Incentives
    1. Liquidated Damages
    2. Past Performance Report
  7. Responding to a Performance-Based Contracting Solicitation
    1. Understanding the Statement of Objectives
    2. Developing the Performance Work Statement
    3. Contractor Initiatives
  8. Issues in Contract Administration
    1. Understanding Performance Issues
    2. Appropriate Use of Remedies
Course Director

John Person A Founding Partner in the Washington D.C. law firm of Person & Craver, LLP • Special expertise in the litigation and resolution of disputes in the areas of Government contracting, construction contracting, and environmental remediation; his practice includes a large number of contractual, privatization, and regulatory matters regarding Government contracting programs • Experienced in a wide variety of judicial and administrative forums ranging from Federal District Court, to the GAO and the U.S. Court of Federal Claims, to more specialized proceedings • Served as a practicing engineer for a number of years, holding various positions in project engineering, scheduling, and construction management • A registered professional engineer; member of the National Panel of Construction Arbitrators for the American Arbitration Association and a member of numerous honorary, technical and legal societies and organizations • Lectures frequently on contracting matters and is the author of numerous articles on procurement issues • Bachelors degree and Masters in Civil Engineering from the University of Michigan; Juris Doctor degree from the University of Michigan Law School