Government Contracts Limitations on LPTA Source Selection Proposed
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Wednesday, January 9, 2019

Limitations on LPTA Source Selection Proposed

By Government Contracts Editorial Staff

A proposed rule would amend the Defense Federal Acquisition Regulation Supplement to establish limitations and prohibitions on the use of the lowest price technically acceptable source selection process, as directed by sections 813, 814, and 892 of the National Defense Authorization Act for Fiscal Year 2017 (PL 114-328), and sections 822, 832, 882, and 1002 of the NDAA for FY 2018 (PL 115-91). Use of the LPTA source selection process is implemented in FAR 15.101-2. To supplement the FAR, DoD is proposing to add a new section at DFARS 215.101-2-70 that addresses various limitations and prohibitions on the use of the LPTA source selection process. In addition, to implement a restriction on the use of reverse auctions to procure personal protective equipment and aviation critical safety items, DoD is proposing to add a new subpart 217.7X under DFARS Part 217, Special Contracting Methods.

Notice to Cos. To notify contracting officers of the changes, DoD is proposing to add cross-references to the new limitations and prohibitions outlined at proposed DFARS 215.101-2-70 in DFARS 208.405, DFARS 212.203, DFARS 213.106-1, and DFARS 216.505. The new cross-references clarify that the limitations and prohibitions on the use of LPTA at DFARS 215.101-2-70 apply to the type of procurement being conducted. The list at proposed DFARS 215.101-2-70(b) includes the prohibitions on use of the LPTA source selection process for engineering and manufacturing development of certain major defense acquisition programs and for audit services. See the table below for a full listing of the regulations impacted by this rule. Comments on the rule, identified by DFARS Case 2018-D010, are due February 4, 2019. For the text of the rule see ¶70,020.423.

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