H.R. 3019 would require a revision to the Federal Acquisition Regulation to provide that the LPTA process only be used when:
- an executive agency is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers;
- the executive agency would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;
- the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal;
- the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency;
- the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and
- the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.
This bill follows the 2017 National Defense Authorization Act, signed into law on December 23, 2016, which enacted a nearly-identical policy to reduce the use of LPTA in U.S. Department of Defense (“DoD”) procurements. If this bill is passed, all agencies, and not just DoD, will likely reduce their use of LPTA procurements. H.R. 3019 is currently before the House Committee on Oversight and Government Reform.
About the Author: Julia Di Vito practices in the areas of government contracts, litigation, employment, and labor. She may be reached at firstname.lastname@example.org.