On October 1, 2019 a new Defense Federal Acquisition Regulation Supplement (DFARS) provision 215.101-2-70 will go into effect which significantly limits a Contracting Officers ability to use a Lowest Price Technically Acceptable (LPTA) solicitation. The LPTA process prioritizes cost over technical capability and allows the agency to make an award to the lowest-priced offeror that presents a technically acceptable proposal. While the new rule is not on the DFAR website as of September 26, 2019, it is available on the Federal Register at the link below. Please note this is a multipage document which contains a discussion of the background and policy issues related to the development of the rule. The first several pages are a discussion with the new rule starting around the middle. This is a must-read for federal contract professionals.
Please contact a member of our Government Contracts team if you need assistance.
