APPENDIX A

SOW Review

This appendix is divided into three parts:

• Part A is the first draft of an SOW for the development and presentation of a training course. (The pricing portion of the schedule is also included.)

• Part B is a detailed critique of the SOW.

• Part C demonstrates how the SOW might be revised to provide a clear and coherent description of the requirement.

PART A: THE SOW

This is the first draft of an SOW for the development and presentation of a procurement training course for technical personnel who have to develop contract requirements and manage contracts, or are otherwise involved in the procurement process.

As you read Part A, make notes of your critique of this document. Then match your notes with the critique in Part B. Depending on your background, you may find more or less to critique than will be found in Part B. Parts A and B demonstrate how to analyze an SOW critically to determine how well the SOW describes the work requirement.

SOW FOR ACQUISITION TRAINING FOR MAR PROJECT MANAGERS

C.1 STATEMENT OF WORK

C.1.1 BACKGROUND

The Agency, Mid-Atlantic Region (MAR), comprises offices and sites in the States of Pennsylvania, Maryland, Virginia, and West Virginia with a regional office in Philadelphia, PA. The purpose of the training is to instruct the Mid-Atlantic Regional personnel on the basic methods and processes of acquiring products and services and to outline their respective responsibilities.

The Agency contracting is governed by the Federal Acquisition Regulations (FAR), Departmental Acquisition Regulations (DAR) and Agency Guideline #60. Agency/MAR believes that personnel involved in the acquisition process must have a basic understanding of their role and authority in the process as well as the role and authority of the Contracting Officer.

This four and one-half day course will be attended by Superintendents, Facility Managers, Chiefs of Maintenance, Engineers, Project Managers, Contract Specialists, Purchasing Agents, Division Chiefs and Administrative Officers from the Regional office and all local offices within the region who have, or soon will have, responsibilities for initiating and obtaining a mechanism to acquire products or services and to manage the work called for in the contract. Project manager is another term for the Agency person who manages work accomplished by others through contracts and purchase orders.

Typically, participants in this acquisition course will not have attended prior acquisition training, but will have been responsible for all or part of a project involving a commercial contractor.

The Agency/MAR anticipates that the first course will be conducted in commercial facilities (acquired under separate contract) in Williamsburg, VA approximately 3-4 months after the award of this contract. Other sites include Philadelphia, Gettysburg, and Stroudsburg, PA. It is anticipated that the class will be limited to 25 participants.

C.1.2 OBJECTIVES

The objective of this contract is to acquire the services of a commercial contractor to design and conduct a comprehensive course which includes, but is not limited to the following:

1. Understanding the Acquisition Process and the Role of Personnel in the process;

2. Planning for and describing the requirements;

3. Types of specifications/statements of work;

4. Writing the statement of work/specification;

5. Publicizing the requirement to obtain competition;

6. Socioeconomic programs;

7. Developing evaluation criteria and source selection plans;

8. Establishing the Government cost estimate;

9. Methods of open-market acquisition;

10. Types of contracts and their implications for performance;

11. The solicitation process;

12. Conducting the technical evaluation of proposals, negotiation, and source selection (to include the A/E selection process);

13. Interpreting the contract and preparing for the job of COR;

14. Monitoring the contractor’s work;

15. Solving problems in contract administration;

16. Remedies for nonperformance;

17. Identifying and dealing with fraud, waste, and abuse;

18. Closing out the contract;

19. Procurement integrity;

20. Role of COR vs. Project Inspection; and

21. Conduction of preconstruction/post award conferences.

C.1.3 TASKS TO BE ACCOMPLISHED

C.1.3.1 The contractor shall design, reproduce, and furnish copies of a student course book for all participants in appropriate-sized three-ring binders identified with the Agency logo and title cover art. One camera-ready copy shall be furnished to the Contracting Officer (CO). Thirty copies will be required prior to commencement of the first course. Additional copies will be required at the commencement of subsequent courses. The Contractor shall be required to submit two (2) draft copies of the student course book for review by Agency/MAR personnel prior to final printing. The Contractor shall also be required to meet with Agency/MAR personnel in Philadelphia, PA two (2) times for a period of 2 consecutive days prior to the final approval of the student handbook.

C.1.3.2 The Contractor shall provide qualified instructor personnel to teach the 4 1/2 day course. The training sessions shall commence promptly at 8:00 a.m. and conclude at 4:00 p.m. The contractor’s instructor personnel shall be responsible for understanding the course materials, be knowledgeable in Federal, Departmental, and Agency contracting regulations, and be qualified to conduct the course to classes up to 25 adult participants.

C.1.3.3 The Contractor shall deliver all course materials to the designated Agency/MAR training facility in respective locations prior to the start of each training session, set up the training facility, arrange furniture, as necessary, lay out participant materials, and prepare equipment and instructor aids. During the training sessions, the Contractor shall account for participant attendance by assuring the completion of Agency registration forms. At the commencement of each course, the instructor shall inform the participants that the requirements for receiving a Course Completion Certificate are as follows:

1. Three-fourths or more of the course must be attended and completed.

2. A course evaluation questionnaire must be completed and provided to the instructor at the conclusion of the course.

Immediately following each session, the Contractor’s instructor personnel shall leave the training facility neat without trash, including used flip chart sheets stowed in the trash cans and any extra student materials boxed and returned to the Contractor’s office. Location for temporary storage or delivery of excess student materials shall be determined by the COR prior to completion of each session.

C.1.3.4 Evaluation Questionnaire

C.1.3.4.1 The Contractor shall prepare a course evaluation questionnaire to be completed by all participants at the end of each course. The questionnaire shall be directed toward eliciting participants’ comments as to the value of the material taught, changes and additions recommended, and the quality of the instructor personnel. The proposed questionnaire shall be furnished to the COR for approval by 30 calendar days prior to the first course, and any changes or revisions directed by the CO shall be incorporated by the Contractor. In addition, any changes or revisions directed by the CO from time to time shall be incorporated for use in subsequent course sessions. These changes will be considered minor or major as defined below.

C.1.3.4.2 The original copy of all participants’ questionnaires shall be submitted to the COR within the timeframe called for in the contract after completion of each course session, together with the Contractor’s assessment of student comments and recommendations for possible changes and revision to the course, if any.

C.1.3.5 Revision to Course Materials

The Contractor may be required, from time to time, to modify the training materials at the direction of the CO. The Contractor shall be responsible for ensuring that any such modifications are reflected in the course materials provided to the participants. Within 10 calendar days of receiving an order to develop technical changes to the material of the course, the Contractor shall submit a draft version of modified materials to the COR for approval. The Contractor shall provide a final copy of the revised course materials, incorporating comments received, to the COR within 2 business days of receipt of those comments. For purpose of proposal preparation, course materials revisions are quantified as follows:

1. Minor Revisions—The Contractor may be required, from time to time, to provide minor revisions to the training materials upon the request of the COR. During the contract period, it is anticipated that approximately 60 man-hours per year will be required for these revisions. Each revision would affect up to 10 percent of the total course material and it is estimated there would be approximately 2 minor revisions per year. The cost for the minor revisions should be included in the fixed price for course presentation. Note: The estimate of the man-hours reflected for the minor revisions is information which is advisory only and is not to be considered as the sole basis for the development of a proposal. Sufficient detail of the proposed approach to task accomplishment must be reflected in the proposal.

C.1.3.6 Course Materials Masters

At the termination of the contract, the contractor shall furnish to the Agency/MAR a complete master set of all course materials, visual aids, and any original art work such as binder graphics, used during the course of instruction in camera-ready, reproducible form. The Contractor shall also furnish to the Agency/MAR an electronic file of all course materials.

C.2 QUALITY OF PERFORMANCE

C.2.1 Monitoring Performance

C.2.1.1 During the life of the contract, the Contractor shall monitor the training courses pursuant to the requirement of the contract to assure that the quality of instruction and materials used is adequate. The instructor shall as a minimum:

C.2.1.1.1 Maintain control of the learning time so that the presentation of information and exercises remains organized and timely; key points and course objectives are met, and breaks are provided within the overall course schedule; and distractions, such as questions that are of minimal interest to the class as a whole and that can be answered later and/or individually are consistently controlled.

C.2.1.1.2 Observe the effect of the instruction on the class and reasonably attempt to clarify, provide instructions, or in some other way, modify the course to help correct problems and improve the participants’ opportunity to learn.

C.2.1.1.3 Involve the participants in sufficient exercise and practice with the subject matter to reinforce the understanding and recall of information.

C.2.1.1.4 Act to improve or later correct errors or other problems that may occur during the training session.

C.2.1.2 The Contractor shall meet with the COR from time to time regarding updating, changes or modifications of instructional materials presented. However, no changes involving additional cost to the Government shall be made except pursuant to the Changes clause of the contract.

C.3 CONTRACTOR-FURNISHED MATERIALS

The COR will review contractor-furnished materials for each course session for quality and accuracy. Should errors occur, such as omissions, incorrect collation, illegibility, and packaging, that are caused by the Contractor, the Agency/MAR will reject the material and the Contractor shall correct all errors prior to the beginning of each course session at no cost to the Government.

The Contractor shall deliver one copy of these materials to the COR for review, 30 days prior to the first day of each course session. The COR will comment on quality and accuracy of the materials no later than five business days before the course session is scheduled to start.

C.4 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

The Government will furnish the following:

1. Training facilities

2. Copy of the Departmental Acquisition Regulations

3. Copy of Agency Guideline #60

4. Training certificates

5. Where portions of course materials include Agency publication, the Agency will furnish copies for duplication, instruction, and inclusion into training manual.

6. Consultation services of Agency subject specialists, as determined necessary by the COR.

C.5 CONTRACTOR-FURNISHED PROPERTY AND SERVICES

The Contractor shall provide the professional services of experts, instructors, lecturers, educators, and related support services to provide training in procurement/acquisition management. The Contractor shall furnish the training materials plus any other reference identified elsewhere in this statement of work.

C.6 MEETINGS AND TRAVEL

The Contractor shall meet with the Agency/MAR COR and CO a minimum of two times and a maximum of four times during the period of the contract regarding updating, changes or modifications of instructional materials presented at the direction of the COR. (Refer to Section C.1.3.5 of the statement of work for additional information pertinent to this requirement.)

C.7 COURSE TIMES AND PLACES

It is anticipated that the first course will be conducted in Williamsburg, VA approximately 3-4 months after award of the contract. Subsequent courses will be held in Philadelphia, Gettysburg, and Stroudsburg, PA; however, no definite dates have been set. For purposes of preparing a proposal, the offeror shall assume that a course will be held in Philadelphia approximately 3-4 months after the one in Williamsburg, VA; the one in Gettysburg 5-6 months after the one in Philadelphia; and the one in Stroudsburg 3-4 months after the one in Gettysburg.

C.8 DELIVERY SCHEDULE

Within 15 calendar days after award of the contract, the Contractor shall submit to the COR (copy to the CO) a delivery schedule of all tasks incorporating all required delivery times stated in this solicitation. The COR will have 15 calendar days for inspection and acceptance.

PART B: SOW CRITIQUE

The following is a critique of the SOW set forth in Part A. For easier reference, the draft SOW paragraphs are repeated, with the critique comments following each paragraph.

Comments:

Other clauses in this RFP indicate that the contract will be a fixed-price, indefinite quantity contract. As such the Government is required to order the minimum quantity (line items 1 and 2) and cannot order more than the maximum quantity (line item 3) at the offered price. It is not necessary, therefore to establish item 3 as an option quantity. This requirement should be re-examined.

Comments:

The first sentence of this paragraph is background information, but the second sentence is better used as introductory material. An SOW should begin with an introductory statement that explains the nature of the requirement. For example:

INTRODUCTION

This requirement is for the development and presentation of a comprehensive 4 1/2-day procurement training course for Project Managers and other personnel of the Agency/MAR.

Comments:

The Introduction is followed by a Background section that explains how the requirement developed. The Background section should contain only historical information. Do not address the current requirements in the Background section. Current requirements are addressed in the body of the SOW in the section that describes the tasks to be accomplished. For example:

BACKGROUND

The Agency/MAR consists of the offices and sites in the states of Pennsylvania, Maryland, Virginia, and West Virginia, with a regional office in Philadelphia, PA. Agency/MAR procurement requirements encompass the entire spectrum of Federal contracting, including construction contracts. The Agency/MAR believes that personnel involved in the acquisition process must have a basic understanding of their role and authority in the process as well as the role and authority of the Contracting Officer.

The Background section should be as short as possible. Usually no more than two or three paragraphs are necessary to explain the origin of the current requirement. Note that both the Introduction and the Background can be developed from the first two paragraphs of C.1.1.

Comments:

This is not background information. It establishes who will attend the course that is to be developed. This information should be presented as part of the task that describes the course development. Unfortunately, this SOW does not specifically identify course development as a task (see C.1.3), but it should have and that is where this information should be.

Including the Contracting Officer, Contract Specialists, and Purchasing Agents as participants in the proposed course reveals a problem in the approach to this requirement. Procurement training requirements differ depending on the category of personnel involved. Contracting Officers require detailed training in all areas of procurement. The training requirements for Contract Specialists (who write formal contracts) and Purchasing Agents (who deal only with small purchases) are different. An Engineer or Project Manager, acting as a Contracting Officer’s Representative (COR), requires detailed training in those areas for which they are responsible, such as developing the SOW, proposal evaluation, and contracts management. Superintendents, Facility Managers, Chiefs of Maintenance, supervisors and other management personnel do not need detailed training. They need to understand the process and its terminology, but not in the same detail as the others. Mixed participation, as suggested here, will leave some participants feeling that there was not enough detail and others feeling that there was too much detail. This requirement for mixed course participation should be re-evaluated.

Comments:

What a strange statement! Taken literally this sentence means that Agency/MAR procurements have been conducted in the past by people with no acquisition training at all. This might be understandable for non-contracting personnel, but this paragraph also included all of the contracting personnel. This kind of statement illustrates the need for an objective review of an SOW before it is published. A revision should be made in this paragraph, or the paragraph referring to the course participants, to remove the implication that the Agency/MAR contracting personnel have never received any acquisition training.

This is not background information. It describes course participants and should be presented as part of the task that describes the course development.

Comments:

This is not background information—it refers to the current requirement. Paragraph C.7 also addresses this information. The first two sentences should be incorporated into C.7, particularly the reference to commercial training facilities. The last sentence relates to course development and presentation and should be included in the appropriate task requirement.

This paragraph appears to be in conflict with paragraph B.1 of the RFP. Paragraph B.1 establishes (for pricing purposes) a requirement for two course presentations with a option for two additional presentations. This paragraph appears to establish a requirement for four presentations. Conflicting requirements create uncertainty as to the real requirement. An SOW should be a stand-alone document. It should provide the what, where, when, and how of contract performance. Each uncertainty introduced by the wording of the SOW is a potential contract problem. The SOW should differentiate between firm requirements and options. Do not repeat the wording of contract clauses, but in this instance a few sentences would have made the requirement clear and eliminated the need to search the rest of the RFP to determine what the requirement really is.

Comments:

This SOW is for a fixed-price contract. Your requirements must be definitive. Do not use the phrase, “includes, but is not limited to.” This phrase is not definite enough for use with this type contract. This phrase is usually used when you want to provide information, but you do not want to be accountable for its accuracy. If you are going to use a fixed-price contract, however, you are responsible for the accuracy of the information provided. A suggestion as to how this might be resolved is set forth in the discussion of how the SOW was revised, in Part C of this Appendix.

Another problem with listing topics to be addressed is that you must provide a clear description of the topic, one that the contractor can understand. This has not been done well here. For example:

• Topic 2, Planning for and describing the requirements. This topic involves discussing the types of specifications/statements of work (Topic 3) and how to write them (Topic 4). Does Topic 2 contemplate something in addition?

• Topic 9, Methods of open-market acquisition. Normally a discussion of the types of procurement methods would include a discussion of the solicitation process (Topic 11) related to each method. Is there a reason why they are listed separately?

• Topic 13, Interpreting the contract and preparing for the job of COR. It is not clear what is intended here. The COR’s responsibilities usually begin during the planning process, but this topic indicates that it is related to the administration of the contract. It is likely that what was intended was a discussion of how to prepare for contract administration, but that is not what is said. Do not use ambiguous wording.

• Topic 15, Solving problems in contract administration. This wording is too general. It could include Topics 13, 14, 16, 17, 19, and 20.

• Topic 18, Closing out the contract. This topic is primarily a contracting officer matter, and could be dealt with under Topic 10, Types of contracts, if it is needed at all.

• Topic 20, Role of COR vs Project Inspection. Unless this refers to construction contracts it is difficult to determine what this topic is to address. Since the Background section did not identify the kinds of procurements made by the Agency/MAR, contractors will have to guess at the meaning of this topic. This is not a clearly stated requirement.

• Topic 21, Conduction of preconstruction/post award conferences. Do not invent words. Conduction is a noun meaning transmission or conducting of heat or electricity, etc. It is not a verb. Use proper English. This illustrates another problem. When listing items for a requirement of this nature, it is often assumed that you are listing the requirements in the order you want them presented. This is a subtopic of a discussion of the solicitation process and should be addressed earlier.

When establishing a training requirement, carefully consider the relationship of the number of topics to be addressed and the time allotted for their presentation. This requirement is excessive for a 4 1/2 day presentation. Can a contractor present all of this information in 4 1/2 days? Of course a contractor can do this. If the instructor talks fast enough, it can be done in 3 1/2 days. The real question is will any learning take place? At the very best this requirement is for a broad overview of the procurement process. There will be little time for effective exercises or other learning reinforcement. As noted earlier, these training requirements differ depending on the part the participants play in the procurement process. Even though courses of this nature are common in the Government, this requirement should be re-evaluated with respect to what you want the participants to learn.

Finally, paragraph C.1.2 should be part of the description of the first task under the contract—develop a training course that addresses the following issues—rather than a contract objective. Course development is an important task under this contract.

Comments:

The first and fifth sentences refer to a student course book, the last sentence refers to a student handbook. Wording must be consistent. A handbook and a course book can be two different items.

The second sentence requires a camera-ready copy (student course book) for the CO, but doesn’t indicate when or why. Is this a courtesy copy or for review purposes? This is the only instance in this SOW in which a delivery is made directly to the Contracting Officer. It should be explained.

The third sentence states, “Thirty copies (student course book) will be furnished prior to commencement of the first course.” Paragraph C.1.3.2 states that class size will not exceed 25 persons. What are the extra books for? In addition, the use of “will” instead of “shall” is inappropriate.

The fourth sentence refers to “additional copies.” Is this a requirement for 30 books, as stated in the preceding sentence, or 25 books, as stated in C.1.3.2? In addition, the use of “will” instead of “shall” is inappropriate.

The fifth sentence states, “The Contractor shall be required to submit two (2) draft copies of the student course book for review by Agency/MAR personnel prior to final printing.” The phrase, “prior to final printing” indicates that this is intended to be the final copy. Is there a requirement for review and approval? When are these draft copies to be submitted? If this is meant to be the review copy, how long will it take for the review and how much time will the contractor have to revise the material? Why isn’t the COR reviewing this? Who are the Agency/ MAR personnel? What is their authority and responsibility?

The fifth and final sentence requires two meetings, but doesn’t indicate the purpose of the meetings or when they will be held. “Prior to final approval” is not definite enough; are these meetings to be held before or after submission of the two draft copies? Two times for a period of two days equals a total of four days; what are they going to talk about for four days? The use of the word “also” indicates that the meetings are separate from the review mentioned in the previous sentence. This is grossly unclear. Keep in mind that the contractor must come up with a fixed price for all of this effort.

Comments:

This is supposed to be a task, but it does not identify specific work to be accomplished. Instead it provides criteria to be met in two different areas, instructor qualifications and course development. The first sentence requires qualified instructors, and then indicates the course length. The second sentence states the timing of classes (but fails to account for the 1/2 day). The last sentence shifts back to instructor qualifications, and finishes with class size. This is mixing apples and oranges. The description of required instructor qualifications should be separate from the description of the course length, timing, and size. But the major problem with this paragraph is that although it is listed as subparagraph C.1.3.2, under paragraph C.1.3, Tasks to be Accomplished, it does not describe a task to be accomplished. This paragraph should be deleted and the information more appropriately placed in the SOW.

Comments:

The first sentence has to do with the delivery of materials and set-up of the classrooms. The second sentence has to do with registration. The third sentence has to do with informing participants of the course completion requirements. These are mixed requirements and should be separated.

A requirement for 75 percent attendance to earn full credit indicates a lack of dedication to ensuring that participants learn anything. 75 percent equals 1 1/3 days of absence. In a 4 1/2-day course this means missing a lot. In an overview course such as this, any absence of more than 1/2 day means a significant learning loss. This requirement should be reconsidered.

Comments:

The first sentence is so garbled that it has minimal meaning. Where is the instructor supposed to dump the trash, if not in the trash cans? This is probably a valid requirement that would be better explained in two separate sentences.

The second sentence uses the acronym COR, but doesn’t explain what it means. All acronyms should be explained the first time they are used. This is important in this SOW because of the unexplained interplay between the CO, COR, and Agency/MAR personnel.

The last sentence uses the phrase, “Location for temporary storage or delivery of excess material”—what does this mean?

Subparagraph C.1.3.3 is supposed to be a task under paragraph C.1.3, Tasks to be Accomplished. This subparagraph, however, addresses three different requirements, delivery of course materials and class set-up, Course Completion Certificates, and classroom clean-up after completion of the course. None of these requirements is a task in and of itself, and describing them together is another case of mixing apples and oranges. These requirements should be discussed separately under the task of course presentation (which is never identified as a task in this SOW).

Comments:

The third sentence requires a submission to the COR (COR still not defined) and then talks about changes by the CO. Who is in charge here? The relationship between the CO and COR should be explained. When will the CO-directed changes be provided to the contractor? If changes are made there must be enough time for the contractor to make the changes and print up the requisite number of questionnaires for classroom use.

The fourth sentence talks about further changes, from time to time, but it is not clear what is being changed. Surely the questionnaire will not require continual changes. The last sentence indicates that minor and major changes will be defined below, but no definition of major changes is provided (see paragraph C.1.3.5). Does the SOW contemplate major and minor changes to the questionnaire? This doesn’t make much sense.

Comments:

If you are going to reference a requirement elsewhere in the SOW or contract, make a specific reference rather than a general one. Identify the paragraph or clause number, as appropriate.

It should be noted that the SOW does not provide a time frame for after-course submission of the questionnaires and contractor’s assessment anywhere else in the SOW. This illustrates one of the problems with making vague references. A failure to follow through with the referenced information is difficult to catch, on review, because of the lack of a specific reference.

Comments:

1st paragraph. The relationship of the COR and CO in the modification process is not clear. Does the COR review and the CO approve? If so, this is not clear in the SOW.

1st paragraph. Ten days to draft a change is reasonable, but only if they are working days. Depending on when the change is received, the 10-calendar day period could automatically be reduced to 8 working days or even 6 or 7 depending on holidays (contractor personnel get weekends and holidays off too). Keep your terminology consistent. Do not mix calendar days and work (business) days. The use of calendar days is deceptive, because there appears to be more working time than is actually available. Use either business days or working days.

1st paragraph. How long will the Government take to review the changed material? This could be important if the change is directed shortly before a scheduled course presentation. The contractor must be given enough time to make any required changes and print and deliver the changed material.

1st paragraph. The requirement for a final copy of the revised materials within 2 business days is not reasonable. The contractor must decipher the comments and then make the changes. Even if the comments were explicit word changes, two business days is not enough time. If the comments are of the nature, “add coverage of this,” or “explain this,” or “add more emphasis here,” as is often the case, the contractor is going to need significantly more time. If you put unreasonable time requirements in your SOW, do not be surprised if you get unreasonable results.

2nd paragraph. Paragraph C.1.3.4.1 indicated that minor and major revisions would be defined. The last sentence of the 1st paragraph indicates the same, but the 2nd paragraph only addresses minor revisions. It is questionable, however, that there needs to be a distinction between major and minor changes, particularly given the definition of what constitutes a minor change. A 10 percent change in a textbook can hardly be called a minor modification. This would be the equivalent of a 10-page change in a 100 page text. There also seems to be little basis for the 60 man-hour figure. How can the Government estimate how long it will take to make an unknown change? This might be possible if the buying activity had a lot of experience with procurement training courses, but the SOW indicates that there has not been any previous acquisition training provided to the Agency/MAR personnel.

2nd paragraph. The definition of minor modification presents a real problem regarding the validity of the proposed contract. The concept of pre-pricing undefined changes is not valid in a fixed-price contract. Any change to the scope of work of a fixed-price contract must be accomplished by a supplemental agreement or a change order issued under the Changes clause of the contract. In any case, the price and delivery times are subject to negotiation at that time, not in advance of contract award.

2nd paragraph. The basis for estimating the extent of the “minor revisions” is questionable. In fact, with a training course of this nature, there is little likelihood of any changes being required to the textbook itself. At best, this is a survey, or overview course, and while changes do occur in procurement regulations, few are of such magnitude that they would affect the text of an overview course. Most changes will be such that they can be handled from the podium or by a hand-out. So what effect will this requirement have? It will permit, even require, contractors to increase the price per presentation with little likelihood that there will be significant costs incurred. This could be a windfall for the contractor.

It should also be noted that in the first paragraph changes are directed by the CO and in the second paragraph changes are directed by the COR. It could be that the first paragraph is intended to define major changes and the second paragraph to define minor changes. A good SOW, however, does not require the reader to extrapolate the meaning of the requirement.

The last sentence of the first paragraph and all of the second paragraph do not belong in the SOW. These are proposal preparation instructions and belong in Section L of the RFP. The SOW is a contractual document and should address only those activities that take place after award. While changes take place after award, the thrust of the second paragraph is how the contractor should price changes in its proposal. This information does not belong in the SOW.

Course revisions are not an appropriate task under a fixed-price requirement because the nature and extent of the revisions cannot be accurately described before contract award. A requirement of this nature forces the contractor to use contingency pricing. If the contractor guesses right it gets a windfall; if the contractor guesses wrong, it faces a potential loss. A contractor facing a potential loss under a fixed-price contract must find some way to minimize its losses. This usually has an adverse effect on the quality of contract performance.

Comments:

This requirement could create a problem if a contractor intends to utilize its own copyrighted textbook as the basis for the course material. Textbook development is the largest single cost in a requirement for the development and presentation of a training course. Costs can be substantially reduced if a contractor provides its own generic textbook—there are plenty of such textbooks around. When a contractor provides its own textbook, it usually customizes the textbook through the use an agency logo and title on the cover, but this does not give the agency any rights in the contents of the book. Explanations of local procedures can be handled by hand-out material, rather than a textbook change. This requirement should be re-examined. The only reason for a requirement for masters is if the agency plans to teach the material using its own assets at some later date. Unless the agency has trained procurement instructors on its staff, this is not a good idea.

The use of the term “termination” is inappropriate. The appropriate term is “completion.”

This is supposed to be the last task under C.1.3, Tasks to be Accomplished. While this could be described as a separate task, it should be addressed as a deliverable in a section of the SOW that identifies all contract deliverables (unfortunately, this SOW does not adequately identify all deliverables).

A final note on section C.1.3, Tasks to be Accomplished. The subparagraphs under C.1.3 should be listing the tasks to be accomplished, however:

• C.1.3.1 talks about development of student course books and meetings. The real task, however, is the development of the course itself, not just the student course books. This could be a valid task if it were explained better.

• C.1.3.2 talks about qualified instructors, class length, class timing, and class size. This is not a discrete task.

• C.1.3.3 talks about classroom set-up, course completion certificates, and classroom clean-up. This is not a discrete task.

• C.1.3.4 talks about the development and use of evaluation questionnaires. This could be a discrete task, but is really part of the requirement for course development.

• C.1.3.5 talks about revisions to course materials. This is not an appropriate task for a fixed-price contract.

• C.1.3.6 talks about the delivery of course materials masters. This could be a discrete task, but is really part of the requirement for course development.

One of the first steps in the development of a clear and concise SOW is to organize your requirement into discrete tasks and present them in chronological order. This has not been done in this SOW.

Comments:

While the SOW should establish the desired level of quality, monitoring the contractor’s performance is a Government responsibility. The wording of this paragraph seems to abdicate all performance monitoring to the contractor. This should be reworded to indicate that the Government will monitor contract performance to ensure that the instructors do those things listed in C.2.1.1.1 through C.2.1.1.3.

Comments:

The last part of this paragraph, starting with “and distractions” is in error. To direct an instructor not to answer questions is contrary to good instructional practice. The problems associated with answering questions are significantly less than the problems associated with not answering questions. The perceived problem (questions that are not of general interest) could be resolved by paying more attention to the mix of participants. Mixing people of significantly different backgrounds and interests (see the Background section) is bound to result in questions that are not of interest to some of the participants.

Comments:

Who determines what is a “reasonable” attempt? The sentence would be better if “reasonably” was deleted. “Modify the course” is an unfortunate term since the revision of course material is addressed in C.1.3.5 in a different manner. The proper terminology is “to modify the presentation from the podium” meaning to make oral changes. It is the presentation, not the course, which is modified.

Comments:

The word “sufficient” lacks precise meaning. The sentence would be better if this word was deleted. As noted earlier, it will be difficult to provide much “exercise and practice” considering all of the material which the course must address.

Comments:

“Act to improve errors”? This is poorly worded. It also appears to be similar to the requirement stated in C.2.1.1.2. Since the intent of this subparagraph is unclear, it should be deleted.

Comments:

The first sentence is too indefinite for a fixed-price contract. The contractor needs better information than “from time to time.” For example, this requirement could be linked with the requirement in C.1.3.5. and C.6, assuming the relationships could be defined.

The second sentence is in error. Contracts may be changed by supplemental agreements as well as by change orders. This erroneously gives the impression that only the Government can suggest changes.

This subparagraph is redundant and probably should be deleted.

Comments:

This paragraph is superfluous, it is covered in the Inspection clause required for fixed-price contracts. There is no need to repeat the wording of clauses, unless necessary to clarify a clause’s purpose or implementation.

Is there a difference between “contractor-furnished materials” in this paragraph, “student course book” in paragraph C.3.1.1, and “course materials” in paragraph C.1.3.6? If they are different, a clear definition is needed; if they are the same, use the same terminology.

The COR will review, but the Agency/MAR (who are these people?) will reject. Only the Contracting Officer can reject material. The SOW must correctly identify Government responsibilities.

Comments:

This paragraph seems to anticipate that course materials will be produced on a per course basis. This is contrary to normal business practices since significant savings can be realized through bulk printing. In the normal course of events, once the course materials are initially approved, the materials would be printed in quantities sufficient to meet the entire requirement. This reduces contractor costs and enables the contractor to offer a lower price.

The last sentence in the second paragraph is unreasonable. Five business days is not sufficient time to make corrections, print the new material, and ship it to the location where the course is to be presented. Your requirements must be reasonable if you are to avoid problems during contract performance.

Comments:

This is good except that the training equipment to be provided along with the training facility should be described. The availability of standard training equipment, such as overhead projectors, slide projectors, TVs and VCRs, blackboards and chalk or whiteboards and markers, flipcharts and stands, or other equipment will affect how the presentations are planned. The contractor also needs to know if standard equipment will not be available, because this will affect the cost of presentation if the contractor must obtain needed equipment. Paragraph C.1.1 indicates that commercial facilities will be used for the course presentations. Commercial facilities do not necessarily provide training equipment. This should be addressed in the SOW.

Comments:

Paragraph C.5 is not needed. Instructor qualifications are addressed in C.1.3.2 and the training materials in C.1.3.1.

The phrase, “plus any other reference identified elsewhere” doesn’t make any sense. If you want to reference something, be specific. Delete this paragraph.

Comments:

The title is misleading; this paragraph does not address travel.

This is the third time meetings are mentioned in the SOW. The first reference is in C.1.3.1, which states that there will be two meetings of 2 days each in Philadelphia prior to final approval of course materials. The second reference is in C.2.1.2 which indicates that there will be meetings from time to time (location and duration unspecified) to discuss updating, changes or modifications of instructional material (this is the same wording as used in C.6). Spreading a requirement throughout the SOW creates confusion and misunderstandings, particularly when redundant wording is used. If there are to be required meetings they should be addressed in one place and fully defined. This is a fixed-price contract and the SOW should not state requirements in such vague terms.

This paragraph indicates that the Agency/MAR, the COR, and the CO, are different persons. The COR and CO can be identified, but who are the Agency/MAR and what is their authority and responsibility?

Comments:

This is confusing. Paragraph B.1 indicated that the first two courses were a firm requirement and the last two were options. That is not indicated in the wording of this paragraph. You must clearly state your requirements.

The last subparagraph of C.1.1 indicated that the training would be conducted at commercial facilities to be acquired (presumably by the Government) by separate contract. This information should be included in this paragraph, and should be expanded to include a description of the training equipment to be provided (either here or in paragraph C.4). Commercial training facilities can range from a motel room with no equipment to a fully equipped training center. The contractors need to know this information.

Comments:

If the Government cannot come up with a schedule for course presentations, how can the Contractor develop a delivery schedule? Note that paragraph C.3 requires deliveries 30 days prior to each course session, but lacking a course schedule, the most a contractor can do is say, “Yes, I’ll deliver in accordance with the stated schedule.” Does the COR need 15 days to inspect and accept this?

This is another example of spreading information all over the SOW. Deliveries are mentioned nine times in six different places:

• C.1.3.1 “One camera-ready copy (student course book) shall be furnished to the Contracting Officer.”

• C.1.3.1 “Thirty copies (student course book) will be furnished prior to commencement of the first course.”

• C.1.3.1 “Additional copies (student course book) will be required at the commencement of subsequent courses.”

• C.1.3.1 “The Contractor shall be required to submit two (2) draft copies of the student course book for review by Agency/ MAR personnel prior to final printing.”

• C.1.3.4 “The proposed questionnaire shall be furnished to the COR for approval by 30 calendar days prior to the first course …”

• C.1.3.5 “Within 10 calendar days of receiving an order to develop technical changes to the material of the course, the Contractor shall submit a draft version of modified materials to the COR for approval.”

• C.1.3.6 “At the termination of the contract, the Contractor shall furnish…. a complete master set of all course materials, visual aids, and any original art work such as binder graphics….”

• C.3 “The Contractor shall deliver one copy of these materials (contractor-furnished materials) to the COR for review, 30 days prior to the first day of each course session.”

• C.8 “Within 15 calendar days after award of the contract, the Contractor shall submit to the COR (copy to the CO) a delivery schedule of all tasks incorporating all required delivery times stated in this solicitation.”

Delivery requirements should be described as part of the related task, i.e., finish the work and deliver the work product (but as noted earlier, the task descriptions are deficient in this respect). The physical characteristics and delivery times of each deliverable should also be described, together, in a separate section. This ensures that the tasks are fully described and that there is a place to look to determine exactly what is to be delivered. Spreading this information throughout the SOW makes it difficult to bring everything together in a coherent fashion and leads to problems in contract performance.

PART C: REVISED SOW

The following is an example of how the SOW in Part A of the Appendix could be revised to make it more coherent and to eliminate the ambiguities. Immediately following the revised SOW are a set of notes describing exactly how the revision was done.

STATEMENT OF WORK ACQUISITION TRAINING FOR AGENCY/MAR PROJECT MANAGERS

Part A—General Information

A.1    Introduction

A.2    Background

A.3    Scope of Work

Part B—Background

Technical Requirements

B.1    Task 01 Develop the Course and Course Materials

B.1.1    Course Content

B.1.2    Course Participants

B.1.3    Course Textbook and Related Supporting Materials

B.1.4    Course Evaluation Questionnaire

B.2    Task 02 Course Presentations

B.2.1    Course Times and Places

B.2.2    Instructor Qualifications

B.2.3    Delivery of Course Materials

B.2.4    Course Set-up

B.2.5    Course Presentations

B.2.6 Course Completion

Deliverables

B.3    Deliverable Items

B.3.1    Draft Course Textbook and Support Material

B.3.2    Draft Course Questionnaire

B.3.3    Course Materials

B.3.4    Completed Course Evaluation Questionnaires

B.3.5    Master Set of Course Materials

B.3.6    Electronic file

Part C—Supporting Information

C.1    Place of Performance

C.2    Period of Performance

C.3    Special Considerations

C.3.1    Contractor-Furnished Materials

C.3.2    Government-Furnished Material and Services

C.3.3    Qualifications of Key Personnel

STATEMENT OF WORK ACQUISITION TRAINING FOR AGENCY/MAR PROJECT MANAGERS

SOW PART A—GENERAL INFORMATION

A.1 INTRODUCTION

This requirement is for the development and presentation of a comprehensive 4 1/2-day procurement training course for Project Managers and other personnel of the Agency, Mid-Atlantic Region (Agency/MAR).

A.2 BACKGROUND

The Agency/MAR consists of the offices and sites in the states of Pennsylvania, Maryland, Virginia, and West Virginia, with a regional office in Philadelphia, PA. The Agency/MAR procurement requirements encompass the entire spectrum of Federal contracting, including construction contracts. The Agency/MAR believes that personnel involved in the acquisition process must have a basic understanding of their role and authority in the process as well as the role and authority of the Contracting Officer.

A.3 SCOPE OF WORK

The purpose of the course is to instruct Agency/MAR personnel on the basic methods and processes of acquiring products and services and to outline their respective responsibilities.

SOW PART B—WORK REQUIREMENTS

TECHNICAL REQUIREMENTS

B.1 TASK 01 DEVELOP THE COURSE AND COURSE MATERIALS

B.1.1 COURSE CONTENT

B.1.1.1 This course shall provide a comprehensive overview of the acquisition process as practiced by the Agency. Course content shall be governed by the Federal Acquisition Regulations (FAR), the Departmental Acquisition Regulations (DAR), and the Agency Guideline #60.

B.1.1.2. At a minimum, the course shall address the following topics:

• An overview of the Agency acquisition process and the role of Agency personnel in the process (to include the Agency procurement planning process and the implications of the rules concerning Procurement Integrity).

• Procurement methods (to include the related solicitation processes).

• Socioeconomic programs.

• Obtaining competition (to include the requirements for competitive and noncompetitive procurement and publicizing procurements).

• Types of contracts.

• Writing specifications and statements of work.

• Developing evaluation plans and source selection plans.

• Conducting the evaluation of proposals, negotiation, and source selection (to include the architect/engineer selection process).

• Monitoring contractor performance.

• Contract changes.

• Contract completion/termination.

B.1.2 COURSE PARTICIPANTS

The course will be attended by Superintendents, Facility Managers, Chiefs of Maintenance, Engineers, Project Managers (Project Managers are usually the Contracting Officer’s Representative (COR) on a contract), supervisors of Project Managers, Division Chiefs and Administrative Officers. These personnel are from the Regional office and all offices within the region and have, or soon will have, responsibilities for the acquisition of products and services to support the Agency/MAR mission. Typically these personnel will not have attended prior acquisition training, but have been responsible for all or part of a project involving a commercial contractor. The course will also be attended by Contracting Officers, Contract Specialists, and Purchasing Agents from within the Region who will act as participants and also provide assistance, as necessary, to explain local implementation of official rules and regulations. Each class will consist of up to 25 participants.

B.1.3 COURSE TEXTBOOK AND RELATED SUPPORTING MATERIALS

The contractor shall provide a course textbook for each participant. The text shall be provided in a three-ring binder identified with the Agency logo and course title. Title cover art is optional. Supporting material such as handouts, slides, vu-graphs, and other instructional material shall also be identified by the Agency logo (in the upper left corner) and course title. The contractor shall submit two (2) draft copies of the course textbook and other supporting materials to the COR at least 30 working days prior to the first course presentation. The course textbook and supporting material will be reviewed and returned to the contractor, with appropriate comments, within 10 working days. Any changes that are required by the review shall be incorporated into the course textbook and related supporting material before the presentation of the first course.

B.1.4 COURSE EVALUATION QUESTIONNAIRE

The Contractor shall prepare a course evaluation questionnaire to be completed by all participants at the end of each course. The questionnaire shall be directed toward eliciting participants’ comments as to the values of the material taught, changes and additions recommended, and the quality of the instructor personnel. Two (2) copies of the proposed questionnaire shall be provided to the COR at least 30 working days prior to the first course presentation. The questionnaire will be reviewed and returned to the contractor, with appropriate comments, within 10 working days. Any changes that are required by the review shall be accomplished before the presentation of the first course.

B.2 TASK 02 COURSE PRESENTATIONS

B.2.1 COURSE TIMES AND PLACES

B.2.1.1 This requirement is being procured on the basis of a fixed-price, indefinite delivery contract because the times of course presentations are not known at the time of contracting. Courses will be ordered, by the issuance of delivery orders, when course times are determined. The following is the estimated course schedule:

First presentation	(Williamsburg VA)	90–120 days after contract award
Second presentation	(Philadelphia PA)	90–120 days after first presentation
Third Presentation	(Gettysburg PA)	150–180 days after second presentation
Fourth Presentation	(Stroudsburg PA)	90–120 days after third presentation

B.2.1.2. Training facilities shall be arranged by the Government by separate contract. The contractor shall be notified of the location of the training facility and provided a contact telephone number at least 30 days before the commencement of each training session.

B.2.2 INSTRUCTOR QUALIFICATIONS

B.2.2.1. The contractor shall provide qualified instructor personnel. Instructor personnel shall be knowledgeable in Federal, Departmental, and Agency contracting regulations and shall have had at least two years instructional experience in teaching procurement training courses.

B.2.2.2. Instructors shall be responsible for assuring the quality of the instructions and materials used. Instructors shall:

• Maintain control of the learning time so that the presentation of information and exercises remain organized and timely, key points and course objectives are met, and breaks are provided within the overall course schedule.

• Observe the effect of the instruction on the class and, as necessary, clarify, provide examples, or in some other way, amplify the course material to help correct problems and improve the participants’ opportunity to learn.

• Involve the participants is exercises and practice with the subject matter to reinforce the understanding and recall of information.

• Orally update material as necessary to keep participants aware of the latest changes in procurement law or regulation.

B.2.3 DELIVERY OF COURSE MATERIALS

The contractor shall deliver all course materials to the designated Agency/MAR training facility prior to the start of each training session. Specific locations shall be provided to the contractor by the COR at least 30 working days prior to the start of the course.

B.2.4 COURSE SET-UP

The contractor shall be responsible for setting up the training facility, arranging furniture as necessary, laying out participant materials, and preparing equipment and instructor aids.

B.2.5 COURSE PRESENTATIONS

B.2.5.1. Training sessions shall commence promptly at 8:00 a.m. and conclude at 4:00 p.m. (12:00 a.m. on the 4th day). The contractor shall be responsible for providing appropriate class breaks and lunch periods.

B.2.5.2. During the training sessions, the contractor shall account for participant attendance by assuring the completion of Agency registration forms. At the commencement of each course, the instructor shall inform the participants that the requirements for receiving a Course Completion Certificate are as follows:

• Participants must complete at least 4 days of the 4 1/2 day course.

• Participants must have completed and submitted a course evaluation questionnaire.

B.2.6 COURSE COMPLETION

B.2.6.1. Immediately following each course session, the instructor shall ensure that the classroom is clear of any trash and excess material generated during class.

B.2.6.2. The original copy of each evaluation questionnaire shall be submitted to the COR within 10 working days of the completion of each course. The questionnaires shall be submitted under a cover letter that provides the contractor’s assessment of participant comments and recommendations for possible course changes, if any.

DELIVERABLES

B.3. DELIVERABLE ITEMS

The contractor shall deliver the following items to the COR:

B.3.1 Two (2) copies of the course textbook and other supporting material for review and approval, in accordance with SOW paragraph A.1.3. Delivery shall be made at least 30 working days prior to the first course presentation.

B.3.2 Two (2) copies of the proposed course evaluation questionnaire for review and approval, in accordance with SOW paragraph A. 1.4. Delivery shall be made at least 30 working days prior to the first course presentation.

B.3.3 Twenty-five (25) copies of the course textbook and all supporting material, in accordance with SOW paragraph A.2.3. Delivery shall be made prior to be beginning of each course presentation.

B.3.4 All completed course questionnaires and instructor comments, in accordance with SOW paragraph A.2.6. Delivery shall be made within 10 working days after the completion of each course presentation.

B.3.5 Upon contract completion, the contractor shall provide the COR with a complete master set of all course materials, visual aids, and any original art work such as binder graphics, used during course presentations. This material shall be provided in camera-ready, reproducible form, 10 working days prior to contract completion.

B.3.6 The contractor shall also provide, with the material required by SOW paragraph B.2, above, an electronic file containing the course textbook and all supporting materials.

SOW PART C—SUPPORTING INFORMATION

C.1 PLACE OF PERFORMANCE

Task 01 shall be performed primarily at the contractor’s facility. Task 02 shall be performed at training facilities arranged for by the Government in accordance with SOW paragraphs A.2.1 and A.2.3.

C.2 PERIOD OF PERFORMANCE

The period of performance for this contract shall be two (2) years.

C.3 SPECIAL CONSIDERATIONS

C.3.1 Contractor-Furnished Materials

The contractor shall furnish all materials necessary for course presentation except those identified as Government-furnished material in paragraph C.3.2 below.

C.3.2 Government-Furnished Material And Services

The Government will furnish the following:

• Training facilities and equipment (to be provided by separate contract).

• A copy of the Departmental Acquisition Regulations.

• A copy of Agency Guideline #60.

• Agency registration forms and Training Certificates.

• Agency publications. If the contractor chooses to include Agency publications as part of the course materials, the COR will furnish copies for duplication and inclusion into the course materials.

• Consultation services of Agency/MAR subject specialists. Upon written request, the COR will arrange for consultation with Agency/MAR subject specialists during the development of the course material.

C.3.3 Qualifications of Key Personnel

The contractor shall identify, by name, the key management, technical, and instructor personnel who will work under this contract. Substitutions of key personnel shall be made only as directed by the Key Personnel clause in section H of this contract. Requisite qualifications are as follows:

• Management—College degree and three years experience in the management of educational services contracts.

• Technical—College degree and three years experience in the development of procurement training courses.

• Instructor—College degree and two years experience in teaching procurement training courses.

Note: Four years of related work experience may be substituted for a college degree.

NOTES ON THE SOW REVISION

The SOW in this appendix was revised using, as much as possible, the requirements as set forth in the original SOW. The purpose of this revision is to present the description of the requirement in a coherent fashion. This requires the material to be reorganized so that like information is presented together and ambiguous material is deleted. The following discussion, formatted on the outline of the original SOW, shows how the revisions were made, and why, and makes reference to the paragraphs of the revised SOW.

C.1 Statement of Work

The original SOW did not have an Introduction. An Introduction is needed to provide a quick reference to what the procurement is for. See Paragraph A.1.

C.1.1 BACKGROUND

Most of the information in C.1.1 is better presented as part of the work description rather than as background. The information here was redistributed as shown in the following:

• In the first paragraph, the first sentence was used in paragraph A.2, Background. The second sentence was used in paragraph A.3, Scope of Work (this paragraph was added to the revised SOW). A Scope paragraph describes the purpose or objective of the procurement and, when appropriate, provides details (such as workload estimates) that will help the contractor understand the size or magnitude of the requirement. A workload estimate was not needed in this instance.

• In the second paragraph, the first sentence was used in paragraph B.1.2, Course Times and Places (this information is more appropriate in the description of the course content than as background). The second sentence was used in paragraph A.2, Background.

• The third paragraph, with some rewriting, was used in paragraph B.1.2, Course Participants (this information is more appropriate in the description of the course content than as background). The rewriting was done to remove the contracting personnel from those personnel with no previous procurement training.

• The fourth paragraph was also used in paragraph B.1.2, Course Participants, for the same reason as above.

• The last paragraph (with the exception of the last sentence) was used in paragraph B.2.1, Course Times and Places. Paragraph B.2.1 is a combination of the last paragraph of C.1.1 and paragraph C.7. The last sentence of C.1.1 was placed in SOW paragraph B.1.2, Course Participants.

C.1.2 OBJECTIVES

This information should be part of the work requirements, rather than separately listed as a contract objective.

The information in this paragraph, with some revisions and deletions, was used in subparagraph B.1.1.2, Course Content. The revisions were made to provide a more orderly presentation. The deletions were made to avoid confusion or when the topic was a subset of another topic. One topic, contract changes, was added.

C.1.3 TASKS TO BE ACCOMPLISHED

C.1.3.1 The first and fifth sentences, with some rewording, were used in paragraph B.1.3, Course Textbook and Related Supporting Materials, as part of the description of course content. The third and fourth sentences were used, with some rewording, in paragraph B.2.3, Delivery of Course Materials. The second and sixth sentences were deleted because they were too vague to be a valid requirement. If meetings are to be a formal requirement, the description must include the details (purpose, when, where, who, agenda, etc.) needed for the contractor to estimate the costs.

C.1.3.2 This paragraph was divided between paragraph B.2.2.1, Instructor Qualifications and B.2.5.1, Course Presentations. This was done to separate the qualification requirements from the course presentation requirements.

C.1.3.3 This paragraph was divided between paragraph B.2.3, Delivery of Course Materials, and B.2.4, Course Set-up, B.2.5.2, Course Presentations, and B.2.6.1, Course Completion. This was done to separate the information into proper categories.

C.1.3.4 The first three sentences of C.1.3.4.1 were used in paragraph B.1.4, Course Evaluation Questionnaire. The last two sentences were deleted for the reasons addressed in the discussion of C.1.3.5, below. C.1.3.4.2 was used in paragraph B.2.6.2, Course Completion, to put the information in the proper perspective.

C.1.3.5 These paragraphs were deleted for several reasons. The primary reason is that it is not proper to try to pre-price changes to a fixed-price contract, particularly when the potential changes are ill-defined. In addition, these paragraphs are so vague with respect to major and minor changes that they defy definition, and given the nature of the requirement, there is some doubt that such changes will be needed at all. Finally, most of the information in the subparagraph on minor changes is proposal preparation information and not appropriate for use in an SOW.

C.1.3.6 This paragraph describes a delivery requirement and was used in paragraphs B.3.5 and B.3.6, in the Deliverables section. The hardcopy and electronic requirements were separated because they are different requirements, requiring different preparations for delivery. The original SOW did not address deliverables in a separate section of the SOW; instead, this information was spread throughout the SOW. This made the delivery requirements difficult to ascertain. The revised SOW contains a specific delivery section (paragraphs B.3.1 through B.3.6) that clearly identifies the deliverable items.

NOTE: Paragraph C.1.3.6 was the last paragraph in C.1.3, Tasks to be Accomplished. As noted in the critique in Part B, this section was not well thought out. The following discussion addresses how the contract work requirements in the SOW in this Appendix were approached.

1. Describe the work requirements in detail. Divide the work into tasks. This requirement has two basis tasks: Develop the Course and Course Materials, and Present Courses. Describe the tasks using a functional description that describes what is to be accomplished, not how to do it. Identify and describe the key elements of each task.

2. The key elements for the first task, Develop the Course and Course Materials, are:

• (a) a general description of the course and the applicable rules and regulations,

• (b) specific identification of required subjects,

• (c) identification of the course participants,

• (d) development of a course textbook and supporting materials, and,

• (e) development of an evaluation questionnaire.

3. The key elements of the second task, Present Courses, are:

• (a) where and when courses will be presented,

• (b) instructor qualifications,

• (c) delivery of course materials,

• (d) course set-up,

• (e) course completion, cleanup, and excess materials, and

• (f) submission of evaluation questionnaires and comments.

4. Although not part of the SOW, use the Proposal Preparation Instructions to require the contractor to provide information necessary for evaluation of its proposal. For the development and presentation of a training course require, at a minimum, the submission of an overall Course Outline that describes the units of instruction in the order in which they will be presented. This can be amplified by a requirement for a Lesson Plan and a Lesson Outline for each proposed unit of instruction. The Lesson Outline provides a detailed outline of the topics to be discussed in each unit of instruction. The Lesson Plan describes, for each unit of instruction:

5. This information can then be used to evaluate the contractor’s expertise and understanding of the requirement. It focuses attention on the ultimate purpose of the requirement, which is the presentation of the instruction. The proposed Course Outline, Lesson Plans, and Lesson Outlines can then be incorporated in the SOW before award to ensure that what the contractor proposed is mandated by the contract.

6. The Proposal Preparation Instructions should also require the contractor to provide an outline of the proposed textbook, to indicate how the textbook will be used to support the course presentation, and how the textbook will be written (some textbooks are written in outline form to directly follow and support the instructional presentation, others are written in narrative form to serve as a reference book after course completion). This part of the successful contractor’s proposal should also be incorporated in the SOW before award.

7. In addition to describing the technical requirements, describe any applicable management requirements, such as the submission of progress reports, the use of computerassisted project management programs, or other management-oriented requirements. In this instance, there is no real need for reports. This is a fixed-price contract so there is no need for financial reports. The contractor is required to deliver draft copies of the course material 30 days before the start of the first course which is 90–120 days after award. The COR can monitor this contract by telephone or periodic visits. Written progress reports will add very little value (but will add cost) to the administration of this contract.

C.2.1 Subparagraphs C.2.1.1 through C.2.1.1.4 were used in paragraph B.2.2.2, Instructor Qualifications, to establish the standards for instructor performance. Subparagraph C.2.1.2 was deleted as being too vague for a valid fixed-price requirement.

C.3 The first paragraph was deleted because it repeated the wording of a contract clause without adding any substance or clarifying the requirement. The second paragraph was deleted because it didn’t make sense. Normally the contractor will print all course material as soon as it is first approved (before the first presentation) to take advantage of bulk printing rates. Reinspection is not necessary. If re-inspection was necessary, the 5-day notification of problems is hardly enough time to do anything about it.

A Contractor-Furnished Materials paragraph (C.3.1) was added to the SOW to offset the Government-Furnished Property and Services clause (C.3.2). This was done to clearly define the respective responsibilities of the parties.

C.4 This paragraph was used in paragraph C.3.2, Government-Furnished Property and Services. The only change made was to add equipment to the first bullet. If the Government is going to contract separately for the training facilities, they must include training equipment in that requirement, or otherwise indicate how the equipment (overhead projector, TV/VCR, etc.) will be provided. Normally the party providing the training facility also provides any necessary equipment. If the Government is not going to provide any equipment, this should be noted in the SOW in the paragraph that addresses contractor-furnished materials.

C.5 This paragraph was deleted. The first sentence is irrelevant and the second sentence is too vague to use.

C.6 This paragraph was deleted. As noted earlier, if meetings are to be a contractual requirement, they must be described in sufficient detail to be priced. In a procurement of this nature, it is doubtful that formal meetings are a valid requirement.

NOTE: The revised SOW added three paragraphs not addressed in the original SOW:

• C.1 Place of Performance

This paragraph identifies where contract performance shall take place—in this instance, in two different places. This makes it clear that the Government is responsible for providing the training facilities. Citing the place of performance is part of the description of the requirement, particularly when work will be done in more than one location.

• C.2 Period of Performance

Even if the period of performance is stated in a contract clause, it should also be in the SOW, if for no other purpose than to make the SOW a complete document. In this instance the period of performance was cited by a contract clause. It should have also been in the SOW.

• C.3.3 Qualifications of Key Personnel

Whenever a Key Personnel clause is used in the contract, the SOW should specify the qualification requirements for each category of key personnel. It will be difficult, during contract performance, to establish that a proposed substitution is not qualified if no qualification requirements have been identified.