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The PWS is Not a "Guideline". It is the Actual Terms of the Contract


I have recently moved back to Florida from Kuwait, where I was suporting the AFCAP program inside an Air Force Base. The prime contractor (my employer) had a contract directly with the US Air Force, and I was hired for one year to perform the contract in accordance with the PWS.


Now in a perfect world, the contractor ensures they adhere to the terms of the contract, while I as an employee, make sure that I follow company policy. However, a huge issue arose early on. The employer created a company policy that forced all current employees to live on base. Off-base living was no longer authorized.


Being that this was not my first rodeo, I utilize the right tools to locate the most recent PWS along with any non-proprietary/pricing data regarding to the current task order I was working on. Inside the PWS, I found the following verbiage:


If less than a private room and bath is available, Contractor employees may elect to reside off base (not applicable to Afghanistan) provided there is no cost to the contract (i.e., at the employee's expense), and mission readiness is not affected.

This meant, the prime cannot force it's staff to live on base. When I engage company leadership regarding this inconsistency, I was told that the PWS is a "guideline" that is used by the contractor to fulfill the contract. This statement was not only misleading, it was blatanly incorrect. The PWS is not a "guideline". The PWS is not gospal. A Performance Work Statement does however, define the terms of the contract. It dictates what the government should receive as well as any applicable laws and regulations for the contractor to adhere to.


Though you have the right to create your own company policy as a business owner, your policy should not contract the PWS and all applicable laws. From my perspective, I knew this was not a hill I was willing to die on, but it clearly served as a learning experience.

 
 
 

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