I am trying to figure out whether I can fit within the defination of a performance-based acquisition when I have identified the results or outcomes I want, how I would measure contractors performance and what my acceptable level of performance is, but I can only estimate the volumne of work using labor hours.
The FAR defines "Performance-based acquisition (PBA)” as "an acquisition structured around the results to be achieved as opposed to the manner by which the work is to be performed." It then defines “Performance Work Statement (PWS)” as "a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes." FAR 37.601 ( B ) states: "Performance-based contracts for services shall include—
(1) A performance work statement (PWS);
(2) Measurable performance standards (i.e., in terms of quality, timeliness, quantity, etc.) and the method of assessing contractor performance against performance standards; and
(3) Performance incentives where appropriate. When used, the performance incentives shall correspond to the performance standards set forth in the contract."
In describing the term PWS in FAR 37.602( B ), it provides "Agencies shall, to the maximum extent practicable
(1) Describe the work in terms of the required results rather than either “how” the work is to be accomplished or the number of hours to be provided (see 11.002(a)(2) and 11.101);
(2) Enable assessment of work performance against measurable performance standards;
(3) Rely on the use of measurable performance standards and financial incentives in a competitive environment to encourage competitors to develop and institute innovative and cost-effective methods of performing the work.
Thus, does the reference in FAR 37.602( B ) to "the number of hours to be provided" eliminate my effort to otherwise describe the work in terms of results and identifying how to measure and ALP and thus qualify as performance-based.