Offerors use the SOO to develop the PWS; however, the SOO does not become part of the contract. The SOO shall, at a minimum, include; Purpose Scope or mission Period and of performance Background Performance objectives, i.e., required results Any operating constraints A well-thought-out requirements description is essential for ensuring that the Government receives a supply or service that meets the established requirements. requirements descriptions state the Government’s required outcomes and provide criteria for measuring and verifying performance; they do not dictate the specific methods to be used to achieve those outcomes. It is essential to perform a thorough analysis so that appropriate, measurable performance standards (outputs) including appropriate quality levels, can be set forth in the solicitation. Tying contractor financial risk and compensation to successful achievement of these quality and performance standards increases the chances that the Government will receive supplies or services that fulfill its requirements. Stating requirements in a performance-based manner, rather than how the product should be manufactured or the service performed, allows for a greater field of offerors and solutions. This increases the possibility that solutions available in the commercial marketplace will emerge to fulfill mission requirements. When using performance-based strategies, contract requirements shall be stated in performance terms, limiting the use of military specifications and standards to Government-unique requirements only. Appendix C provides a list of additional resources for performance-based requirements descriptions.
Purchase supplies and services from responsible sources at fair and reasonable prices. In establishing the reasonableness of the offered prices, the contracting officer must not obtain more information than is necessary. To the extent that cost or pricing data are not required, the contracting officer must generally obtain information related to prices (e.g., established catalog or market prices or previous contract prices), relying first on information available within the Government; second, on information obtained from sources other than the offeror; and, if necessary, on information obtained from the offeror. When obtaining information from the offeror is necessary, unless an exception under FAR b) (1) or (2) applies, such information submitted by the offeror shall include, at minimum, appropriate information on the prices at which the same or similar items have been sold previously, adequate for evaluating the reasonableness of the price. If the contracting officer cannot determine whether an offered price is fair and reasonable, even after obtaining additional information from sources other than the offeror, then the contracting officer must require the offeror to submit information other than cost or pricing data to support further analysis Limitations relating to commercial items (10 U.S.C. §2306a(d)(2) and 41 U.S.C. 254b(d)). (i) The contracting officer must limit requests for sales data relating to commercial items to data for the same or similar items during a relevant time period. (ii) The contracting officer must, to the maximum extent practicable, limit the scope of the request for information relating to commercial items to include only information that is in the form regularly maintained by the offeror as part of its commercial operations. (iii) The Government must not disclose outside the Government information obtained relating to commercial items that is exempt from disclosure under Section (a) of the Freedom of Information Act (5 U.S.C. §552(b)). When purchasing services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, they may be considered commercial items (thus meeting the purpose of 41 U.S.C. §254b and 10 U.S.C. §2306a for truth in negotiations) only if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price of such services.