35.005 Work statement
Source: FAR 35.005 on acquisition.gov
Clear, tailored work statements that align with contract type and R&D objectives are essential for fostering innovation and ensuring contract success.
Overview
FAR 35.005 outlines the requirements for preparing work statements in research and development (R&D) contracts. The regulation emphasizes the importance of crafting clear, complete, and flexible work statements that encourage contractor innovation, particularly in basic research and development efforts. It distinguishes between level-of-effort and task-completion approaches and requires that work statements be tailored to the specific contract type and objectives. The section also provides a checklist of elements that should be considered and included in solicitations, such as the area of exploration, background information, constraints, reporting requirements, contract type, and any unique considerations relevant to the work.
Key Rules
- Clarity and Flexibility in Work Statements
- Work statements must be clear, complete, and tailored to allow contractor creativity and innovation, especially in basic research.
- Appropriate Emphasis for Basic Research
- Focus on achieving objectives and knowledge rather than specific end results, particularly in early R&D phases.
- Consistency with Contract Type
- Ensure work statement language matches the contract approach (level-of-effort vs. task-completion) and is consistent with the contract type (fixed-price or cost-reimbursement).
- Required Elements in Solicitations
- Include area of exploration, background, constraints, reporting requirements, contract type, and any special considerations in the solicitation.
Responsibilities
- Contracting Officers: Ensure work statements are clear, tailored, and consistent with contract type; review for proper language; include all required elements in solicitations.
- Contractors: Respond to solicitations with an understanding of the work statement's flexibility and requirements; provide required reports and deliverables.
- Agencies: Oversee the preparation and review of work statements to ensure compliance and support R&D objectives.
Practical Implications
- This section ensures R&D contracts are structured to foster innovation while maintaining clarity and alignment with contract objectives. Poorly crafted work statements can lead to misunderstandings, performance issues, or contract disputes. Careful attention to the type of contract and the nature of the work is essential for successful R&D contracting.
(a) A clear and complete work statement concerning the area of exploration (for basic research) or the end objectives (for development and applied research) is essential. The work statement should allow contractors freedom to exercise innovation and creativity. Work statements must be individually tailored by technical and contracting personnel to attain the desired degree of flexibility for contractor creativity and the objectives of the R&D.
(b) In basic research the emphasis is on achieving specified objectives and knowledge rather than on achieving predetermined end results prescribed in a statement of specific performance characteristics. This emphasis applies particularly during the early or conceptual phases of the R&D effort.
(c) In reviewing work statements, contracting officers should ensure that language suitable for a level-of-effort approach, which requires the furnishing of technical effort and a report on the results, is not intermingled with language suitable for a task-completion approach, which often requires the development of a tangible end item designed to achieve specific performance characteristics. The wording of the work statement should also be consistent with the type and form of contract to be negotiated (see 16.207 and 16.306(d)). For example, the work statement for a cost-reimbursement contract promising the contractor’s best efforts for a fixed term would be phrased differently than a work statement for a cost-reimbursement completion contract promising the contractor’s best efforts for a defined task. Differences between work statements for fixed-price contracts and cost-reimbursement contracts should be even clearer.
(d) In preparing work statements, technical and contracting personnel shall consider and, as appropriate, provide in the solicitation-
(1) A statement of the area of exploration, tasks to be performed, and objectives of the research or development effort;
(2) Background information helpful to a clear understanding of the objective or requirement (e.g., any known phenomena, techniques, methodology, or results of related work);
(3) Information on factors such as personnel, environment, and interfaces that may constrain the results of the effort;
(4) Reporting requirements and information on any additional items that the contractor is required to furnish (at specified intervals) as the work progresses;
(5) The type and form of contract contemplated by the Government and, for level-of-effort work statements, an estimate of applicable professional and technical effort involved; and
(6) Any other considerations peculiar to the work to be performed; for example, any design-to-cost requirements.