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Performance-Based Service and FAR

Is a Maintenance and Repair under a JOC contract, and/or construction considered “Performance Based Service” or does it have its own category in terms of the FAR interpretation?

Administering task orders on an IDIQ Job Order Contract for Maintenance and Repairs should always include appropriate legal review, and we are not qualified to offer, nor are offering legal advice.   That said, from a definitional perspective, a properly implemented Job Order Contract is, a Performance Based Service. FAR policy at 37.102 requires the use of performance-based contracts when possible.  Thus JOC, SABER and similar performance-based construction services would meet and/or exceed most requirements.

Performance based Job Order Contracts can provide the following benefits:

•Improved customer satisfaction.
•Competition Increased.
•Innovative solutions and quality services.
•Better value and enhanced performance.
•Less day-to-day surveillance.
•Shares risk with the contractor/AE
•Improves communications
•Fosters long term relationships

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