design requirements contained in specifications, but also data deliverables contained in Contract Data Requirements Lists CDRLs. The Federal Acquisition Regulations FAR and Defense Federal Acquisition Regulation Supplements DFARS discuss the essentiality of the SOW for sound contracting. Ab offeror submits a proposal based on his perception of the Governments needs as defined in the RFP.

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must define what is to be painted and to what standards. The product of such a contract is obviously a building painted and completed by a certain time. If the SOW is prepared properly, contractor monitoring can be kept to a minimum as long as the task is completed on time and within cost. This would be a proper non-personal services contract. The Government is then left with the requirement to inspect the product and either accept or reject it based on the

contractor's conformance to the prescribed work requirement. The wide variety of non-personal services requirements cause this type of contract to take on many forms. However, in all applications, two factors are important to ensure that the services purchased are indeed

non-personal. These factors are: (a) the SOW must establish explicitly what work is to be done and require the delivery of a product or result other than periodic progress reports and (b) the contractor's employees must not be supervised or controlled by the Government during the execution of the work and production of the product or result. In this regard, the SOW must be explicit, inclusive and comprehensive in prescribing the work requirements. For a more complete discussion of a personal versus a non-personal services contract, refer to DFARS 237.104.

4.2.1 Product Definition. As the product or service becomes more involved and technical in nature, defining in adequate detail what is needed to enable a contractor to produce the product independently becomes more difficult. If the job is an analysis, the task must say precisely what is to be analyzed and the criteria for performing the analysis, including any particular elements to be considered. If some conclusion is to be drawn as a result of the analysis, be precise about

what the DoD needs to obtain as a result of this analytic work. If it is important how or in what sequence the analysis is to be conducted, spell it out. Specify explicit needs, leaving nothing to the contractor's imagination.

4.2.2 Terminology. A frequent problem encountered in defining the tasks in an SOW is the use of non-specific words and phrases such as: "any", "assist", "as required", "as applicable/as necessary" and "as directed". Do not use any of these words. The following rationale for precluding their use is provided:

a. Any. "Any" is an ambiguous word. Writers may intend it to denote "plurality" and readers may interpret it to denote "oneness". Also, when "any" is used to describe the selection of items from a list, it's the reader who does the selecting, not the writer. Which items, and how many the reader selects are beyond the control of the writer.

b. Assist. "Assist" connotes personal services. It infers working side-by-side, being subject to supervision. The word is totally undefined in terms of identifying the work and its range and depth. Spell out explicitly what the contractor must do.

c. As required. The result of this approach is an undefined work condition. It has no expressed limitations. It places the Government in a position of not expressing its minimal needs. It could lead to a debatable condition concerning the contractor's compliance with the contract or order. The SOW must be declarative as to its minimal needs.