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If a SOO is part of the solicitation, how can it not become part of the K?

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FAR 2.101 states that a ?Statement of Objectives (SOO)? means a Government-prepared document incorporated into the solicitation, etc.

But FAR 37.602© states that "Offerors use the SOO to develop the PWS; however, the SOO does not become part of the contract."

How can a SOO be incorp. into the solicitation, but not the contract? Doesn't whatever is in the solicitation, such as the clauses, all automatically get into the contract?

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The SOO defines the government's objectives or desired outcomes. It's used to solicit offers in the conext your described and the offerors have latitude in developing competing approaches to meet the objectives. Offerors also propose a PWS that addesses their specific approach. The government then prepares a contract with the selected offeror and their associated PWS, usually after discussion are completed

Doesn't whatever is in the solicitation, such as the clauses, all automatically get into the contract?

The short answer is no, it doesn't. I once worked at an agency that did R&D and occassionally they had offers from educational institutions including state operated universities, non-profits, and for profits, and each category had varying terms and conditions. While the government usually specified an intended contract type, proposals often came in based upon different contract types. This all was negotiated and the appropraite clauses added.

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FAR 2.101 states that a ?Statement of Objectives (SOO)? means a Government-prepared document incorporated into the solicitation, etc.

But FAR 37.602? states that "Offerors use the SOO to develop the PWS; however, the SOO does not become part of the contract."

How can a SOO be incorp. into the solicitation, but not the contract? Doesn't whatever is in the solicitation, such as the clauses, all automatically get into the contract?

The statement of objectives (SOO) provides a broad view of the acquisition objectives in lieu of a SOW. Offerors refer to the SOO, performance requirements documents, and other RFP docs to prepare their proposals ----including the Statement of Work (SOW). The SOO is too general to be enforceable, which is why it's not included in the cotract. The final SOW is what the Government negotiates with the best value contractor and ultimately becomes the contract requirements

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Guest Vern Edwards
How can a SOO be incorp. into the solicitation, but not the contract? Doesn't whatever is in the solicitation, such as the clauses, all automatically get into the contract?

Not necessarily. Proposal preparation instructions (Section L of the Uniform Contract Format, see FAR 15.204) do not become a part of the contract. A SOO, although often an attachment to the RFP, is really a part of the proposal preparation instructions. The RFP should state that the SOO is to be the basis for the contractor's preparation of a proposed statement of work (SOW), and that if the contractor's proposal is accepted, the SOO will be discarded and the SOW will become part of the contract, either as Section C or as an attachment.

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FAR 2.101 states that a ?Statement of Objectives (SOO)? means a Government-prepared document incorporated into the solicitation, etc.

But FAR 37.602? states that "Offerors use the SOO to develop the PWS; however, the SOO does not become part of the contract."

How can a SOO be incorp. into the solicitation, but not the contract? Doesn't whatever is in the solicitation, such as the clauses, all automatically get into the contract?

This is from the GSA Seven Steps to PBA website and is part of the dialogue from Step 4. This explains the concept well.

https://www.acquisition.gov/sevensteps/step4.html

There are two ways to develop a specification for a performance-based acquisition: by using a performance work statement (PWS) or a statement of objectives (SOO).

The PWS process is discussed in most existing guides on performance-based acquisition. Among its key processes are the conduct of a job analysis and development of a performance work statement and quality assurance and surveillance plan... When people talk about performance-based acquisition, this is typically the model they have in mind.

The alternative process -- use of a SOO -- is a more recent methodology that turns the acquisition process around and requires competing contractors to develop the performance work statement, performance metrics and measurement plan, and quality assurance plan... all of which should be evaluated before contract award. If the SOO approach is used, FAR 37.602© directs us to remove the SOO when the contract or task order is awarded, and replace it with the awardee's winning PWS

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I'd be interested in hearing from folks who've successfully used a solicitation containing a Statement of Objectives (SOO) vice a Performance Work Statement (PWS) to conduct a Performance-Based Services Acquisition (PBSA). Given the difficulty our customers have in writing a sound Statement of Work (SOW) -- much less a Performance Work Statement (PWS), Performance Requirements Summary (PRS), Acceptable Quality Level (AQL), or a Quality Assurance Surveillance Plan (QASP) -- I wonder if the offerors would fare much better?

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I'd be interested in hearing from folks who've successfully used a solicitation containing a Statement of Objectives (SOO) vice a Performance Work Statement (PWS) to conduct a Performance-Based Services Acquisition (PBSA). Given the difficulty our customers have in writing a sound Statement of Work (SOW) -- much less a Performance Work Statement (PWS), Performance Requirements Summary (PRS), Acceptable Quality Level (AQL), or a Quality Assurance Surveillance Plan (QASP) -- I wonder if the offerors would fare much better?

Use of a SOO means the agency must be much more engaged during the solicitation process than with a SOW or even PWS. If one prepares a SOO based solicitation and just sits back waiting for offers, you likely will either get poor responses or be flooded with vendor questions or both. When you do a SOO, you need to have lots of communication with industry. First you need to let them know you are looking for the best possible solutions and seek a competition of ideas. In other words, send a message that you want innovation and creativity. Conduct market research to get feedback that your intended approach gets you where you need to be and industry considers it feasible. Second you must share all the relevant information about the program needs so offerors have the best possible understanding of the requirement. This includes letting industry know the boundaries of acceptable solutions. Often SOOs are grandiose and industry doesn?t know whether you want or need a mouse or a lion. Often part of that answer is publishing your budgetary estimate so they know how much money you plan to spend. Finally you need to conduct due diligence with offerors on a one-on-one basis to answer their specific questions.

It takes work.

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