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Performance-based contracting

Part of this year’s budget development process emphasized tying spending in state contracts to positive results.  State agencies were asked to identify activities that could benefit from the use of a performance contract. 

Although many agencies are already incorporating performance elements into their contracts, Governor Gregoire is interested in strengthening performance-based contracting efforts across Washington state government. 

Through Executive Order 10-07, the Governor has directed all state cabinet agencies to meet performance-based contracting standards in all new contracts for products and services, and to review existing contracts prior to renewal and update as necessary to reflect these standards. The Executive Order also requires all state cabinet agencies to ensure performance-based contracts are actively managed to meet performance-based standards.

What is a performance-based contract?

Performance-based contracts identify expected deliverables, performance measures or outcomes; and payment is contingent on their successful delivery. Performance-based contracts also use appropriate techniques, which may include but are not limited to, consequences and/or incentives to ensure that agreed upon value to the state is received.

Characteristics of a performance-based contract:

Applicable policies

Guidance

Examples of performance-based contracting

The table below contains some examples of performance-based contracting. These are examples only and are not required for agency use. Additional examples will be posted in the table below as DES Enterprise Contracts receives them.

Contract Type Category Example(s)
Client service
 

(1) Client service contract

(2) Client service contract

Personal service
 

(1) Personal service contract- statement of work only

(2) Personal service contract

IT personal service contracts

(1) IT personal service work order for application development

(2) IT personal service contract- statement of work only

(3) Department of Licensing Master Licensing Service Extension project

Purchased service
IT purchased service contracts IT purchased service contract for system support on critical IT equipment- statement of work only (Note: Example only not standard language.)

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