And while there are many types of contracts, you will most likely come across contracts for goods or services. While both provide a framework for a transaction, there are some differences between contracts for goods and services. A professional services contract is the agreement used when an independent contractor is hired to provide a project-based specialized service. Examples include editing, graphic design, software design and development, web design, translation, auditing, marketing, program evaluation, and laboratory analysis. There are practical issues such as the scope of services and timing. This could include access restrictions if the work could interfere with other activities. This Agreement contains the terms under which a Contractor performs our work and services for a Client (referred to in our project as the “Company”). Although it is a fairly balanced document, it is designed from the point of view of the company and intended for use in a variety of projects of relatively low value, including work to be carried out by a contractor on the premises of the company – e.B. construction of an extension, construction of a parking lot, installation of a boiler, etc. It specifies certain capital words and phrases that are used in the contract.
The only definitions that need to be completed are the completion date and the effective date, i.e. the date on which services are to be started and completed. 37,600 Scope of the paragraph. This subsection prescribes policies and procedures for the collection of services using performance-based collection methods. 37.601 General. a) Applications may be for a performance statement of work or a letter of intent (see 37.602). (b) Performance-related service contracts must include: (1) a Statement of Work (PWS); (2) measurable performance standards (i.e., quality, timeliness, quantity, etc.) and method of evaluating the contractor`s performance against performance standards; and (3) performance incentives, where applicable. When used, performance incentives must meet the performance standards set out in the contract (see 16.402-2). (c) See paragraph 12.102(g) for the application of Part 12 procedures for performance-based procurement. 37,602 Description of the service. (a) A statement of work on performance may be prepared by the government or result from a statement of objectives (PAHO) produced by the government if the supplier proposes the WPS. (b) Organizations shall describe the work, to the extent possible, (1) on the basis of the results required and not on the “manner” in which the work is to be performed or the number of hours to be made available (see 11.002(a)(2) and 11.101); (2) allow the evaluation of work performance against measurable performance standards; 3.
Leverage the application of measurable performance standards and financial incentives in a competitive environment to encourage competitors to develop and introduce innovative and cost-effective methods to complete the work. (c) Suppliers use the SOO to develop the PWS; however, the SOO is not an integral part of the contract. The SOO shall include at least: (1) the object; (2) the scope or mandate; (3) the period and place of performance; (4) Background; (5) the performance objectives, that is to say, the required results; and (6) any operational restrictions. 37,603 performance standards. a) Performance standards determine the level of performance required by the government to meet the requirements of the contract. Standards must be measurable and structured in such a way as to allow for an evaluation of the contractor`s performance. (b) Where suppliers propose performance-related standards in response to an SOO, agencies shall assess the proposed standards to determine whether they comply with the Agency`s requirements. 37,604 quality assurance plans. The requirements for quality assurance and quality assurance monitoring plans are set out in paragraph 46.4. The government can either create the quality assurance monitoring plan or require suppliers to submit a proposed quality assurance monitoring plan for consideration by the government when developing the government plan. As with all construction-related contracts, there must be a provision that allows for changes and a procedure to address issues that arise during the course of the work.
And there should be a clause to ensure that the work will be inspected and approved if the client is satisfied that it is completed. This will be left in a completion schedule. From both parties` point of view, it is important to have a clearly written and clearly defined scope of services in order to avoid disputes about what is included in the contract price and what is not. The text of point 4.1 contains a payment procedure which applies if no alternative is listed in Annex B. This procedure is quite common in the UK and complies with the legal requirements that now apply to payments under works contracts in the UK. Our free information includes a download on this topic – document Z146. This clause sets a sufficiently high standard for measuring service delivery. 37,500 Scope of the paragraph. This paragraph defines the responsibilities related to the implementation of the Federal Procurement Policy Office policy letter (PFO93-1, Oversight of the Management of Service Contracts). 37.501 Definition.
Best practices, such as those used in this subsection, are techniques that organizations can use to identify issues related to the procurement, management and management of service contracts. Best practices are practical, experiential techniques that organizations can use to improve the procurement process. 37,502 Exclusions. (a) This paragraph shall not apply to services received: – (1) through staff appointments and advisory committees; (2) Obtained through personal service contracts permitted by law; (3) For constructions as defined in point 2.101; or (4) obtained through interagency agreements where the work is performed by internal federal employees. (b) services provided under contracts below the simplified procurement threshold and services related to supply contracts are also excluded from the requirements of this Subsection. However, best management practices and contract management techniques should be applied regardless of the contractual method. 37,503 Responsibilities of the Head of the Agency. The head or head of the Agency should ensure that: – (a) service requirements are clearly defined and appropriate performance standards are developed so that agency requirements can be understood by potential suppliers and that performance in accordance with the terms of the contract is consistent with agency requirements; (b) service contracts are awarded and managed in such a way as to provide the Customer with its supplies and services within budget and in a timely manner; (c) Special procedures are in place prior to the procurement of services to ensure that government functions are inherently performed by government personnel; and (d) strategies are developed and the necessary staff training is put in place to ensure the effective implementation of the policies referred to in 37.102. . .