Training & Management Assistance Branch Performance-Based Acquisition (PBA) in theTile Report TMA Environment UNITED STATES OFFICE OF PERSONNEL MANAGEMENT TMA on the PBA Continuum • TMA’s traditional fixed-price practices are based on the principles of PBA • TMA’s new language and guidance are intended to implement additional aspects of PBA, as defined in the Federal Acquisition Regulations (FAR) • Need open communication as this evolves 2 It’s in the FAR • “Performance-based acquisition (PBA)” means an acquisition structured around the results to be achieved, as opposed to the manner by which the work is to be performed • “Performance Work Statement (PWS)” means a statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes 3 FAR 37.102 -- Policy • Performance-based acquisition is the preferred method for acquiring services • When acquiring services, agencies must use performance-based acquisition methods to the maximum extent practicable • Firm-fixed price, performance-based takes precedence – this is TMA’s established practice 4 Subpart 37.6 Performance-Based Acquisition Performance-based contracts for services include: Performance work statement (PWS) prepared by the Government or results from a Statement of Objectives (SOO) prepared by the Government where the offeror proposes the PWS. PWS = TMA Management Plan 5 Subpart 37.602 Performance-Based Acquisitions • Describes work in terms of required results rather than “how” the work is to be accomplished or the hours to be provided (deliverables as opposed to methods or hours) • Assesses performance against measurable standards • Relies on measurable standards and incentives to encourage innovative, cost-effective methods 6 Performance Standards Go in the Management Plan • Performance standards establish the performance level required by the Government to meet requirements • Standards shall be measurable and structured to permit assessment of performance FAR 37.603 Performance Standards 7 Your TMA Contract: Sample PRS* Deliverable Performance Standard Acceptable Quality Level (AQL) Monitoring Method Incentive / Price Reduction Program of Instruction Includes required content and adheres to established courseware guidelines Draft documents 80% complete Client SME review based on required content and guidelines Eligible for award of subsequent task Aligned with agency strategic and tactical goals Content as agreed in Plan and format complies with standards Client review panel Positive Performance rating for early delivery Complete by June 30 No more than 5 days late Client and TMA validate delivery date No follow-on if late Workforce Plan Final Document 100% complete Bring into compliance at no additional charge * Each task order will contain a Performance Requirements Summary (PRS) similar to the one contained herein, which will be negotiated and agreed upon by the OPM/TMA Project Manager, client agency, and the contractor. 8 It’s in the FAR - Performance Incentives • Firm-fixed-price is not subject to adjustment based the contractor’s cost to perform the work • Places maximum risk and full responsibility for all costs and resulting profit or loss upon the contractor • Provides maximum incentive for contractors to control costs and perform effectively • Minimizes administrative burden for all FAR 16.202 Performance Incentives 9 TMA Philosophy - Performance Incentives • Contracting officer may use firm-fixed-price in conjunction with award-fee incentive and performance or delivery incentives • Contract remains firm-fixed-price OPM/TMA does NOT anticipate using award fees, or performance or delivery incentives unless SPECIFICALLY required by a client If that happens, OPM will supply guidance 10 TMA Reality – Role of Performance Incentives Incentives in TMA are: • Cash flow • Follow-on work • More invitations to Task Order Competitions • Option year award • Past performance references 11 TMA Reality – Role of Performance Incentives Disincentives in TMA are: • Slower payment (because of late delivery) • Having to “fix it for free” • Removal from the task for poor performance • No follow-on work • Fewer invitations to Task Order Competitions • No option year renewal 12 TMA Philosophy • Surveillance is inherently a Governmental role • TMA’s Quality Assurance Surveillance Plan (QASP) includes: Quality of TOC performance Quality of Project Management Quality of Administrative performance Periodic Client and PM surveys 13 The Bottom Line • TMA is inherently performance-based • TMA’s performance-based language is evolving • PBA helps ensure: Maximum client satisfaction High performance, efficiency, and profitability Continued success under the TMA vehicle • We need open communication as this evolves … 14 Questions? 15