C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING › PART 37—SERVICE CONTRACTING › Subpart 37.6—Performance-Based Acquisition

48 C.F.R. § 37.601

37.601 General.

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(a) Solicitations may use either a performance work statement or a statement of objectives (see 37.602).

(b) 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 (see 16.402-2).

[71 FR 218, Jan. 3, 2006, as amended at 86 FR 61030, Nov. 4, 2021]
Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Harmonia Holdings Group, LLC v. United States
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Harmonia Holdings Group, LLC v. United States (2017) uscfc “See AR 20-21; 48 C.F.R. § 37.601 (2006) (providing that performance-based contracts for services shall include “[m]eas-urable performance standards (i.”
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