MIL-HDBK-245D
3.4 SOW and Contractor Performance. After contractor selection and contract award, the contract SOW becomes a standard for measuring contractor performance. Consequently, the SOW writer must consider the contractual and legal implications of the SOW during its preparation. As the contracted effort progresses, the government and the contractor will refer to the SOW to determine their respective rights and obligations. In this respect, the SOW defines the contract and is subject to the interpretations of contract law. The SOW must clearly define the work to be performed, since the language detailing the contractor's effort may be pertinent to legal questions concerning the scope of work. In a dispute concerning performance, rights, or obligations, clearly defined requirements will enhance the legal enforceability of a SOW, which has a high level of precedence in the solicitation document and contract as stated in FAR 52.215-
33.
3.5 Relationship of Contract Sections. The government Request for Proposal (RFP) or solicitation defines the government's requirements and constitutes the cornerstone of the program, as it ultimately shapes the resultant contract. Therefore, the SOW must be consistent with all sections of the RFP. The SOW preparer should work closely with the overall RFP drafter and all contract section authors to achieve consistency. If acceptance and inspection of supplies or services is required to satisfy the contract, RFP Section E should address the acceptance criteria. Data deliverables are identified in Contract Data Requirements List (CDRL) exhibits to the contract. Section F (Deliveries or Performance) requires delivery of data listed in these exhibits. Clauses required by law, regulation, or any other clauses that may apply to a
resulting contract are cited in Section I (Contract Clauses). Section J is a listing of all exhibits and attachments to the contract. Sections K, L, and M apply only to RFP's. They are contained at the end so that when the contract is awarded, they can be removed. Section K includes
provisions that require representations, certifications, or the submission of other information by offerors. Section L includes provisions and other information or instructions to guide bidders/offerors in preparing their offers or bids in a manner that is responsive to the government's RFP. Section M identifies the factors that will be considered in awarding the contract. It contains the evaluation criteria listed in order of importance and other factors for award. The SOW and Work Breakdown Structure (WBS) are utilized in preparing the corresponding CDRL, Section L, Section M, and other parts of the RFP/contract. The relationship of RFP/contract sections to the SOW is illustrated on Figure 1. Figure 1 is provided for general guidance and shows that the SOW and SOO may, at the preference of the procuring activity, be placed in one of several different locations in the solicitation. Because of the complex interrelationships among RFP/contract documents, use of a cross-reference matrix may be helpful
(see Figure 2).
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