Georgia Tech Procurement Assistance Center

LPTA solicitations no longer acceptable? Reviewing DoD’s proposed changes to the DFARS

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In a proposed rule issued last month, the Department of Defense (DoD) seeks to incorporate into the Defense Federal Acquisition Regulations Supplement (DFARS) restrictions on the use of the lowest price technically acceptable (LPTA) source selection method from the National Defense Authorization Act (NDAA) for Fiscal Years 2017 and 2018.  This proposed rule makes clear that these NDAA-imposed restrictions are not going away any time soon, and that DoD contracting officers need to engage in a thorough and reasoned analysis before conducting an LPTA procurement.

Just as its name suggests, the LPTA source selection process prioritizes cost or price over technical capability — the agency will make award to the lowest-priced offeror that presents a technically acceptable proposal.  Typically, agencies use the LPTA process to procure straightforward goods and services such as routine maintenance work or office equipment.  In recent years, however, contractors have complained that agencies employ LPTA selection processes in inappropriate circumstances where qualitative differences really matter and technical superiority is worth a price premium.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/12/lowest-price-technically-acceptable-solicitations-no-longer-acceptable-reviewing-department-defenses-proposed-changes-dfars/

What to expect as the curtain comes down on federal fiscal year 2017

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Government Product News asked Chuck Schadl for his take on government selling opportunities as the federal fiscal year draws to a close on Sept. 30. Schadl is Group Manager for Government Contracting Services at the Georgia Institute of Technology. Here are his views.

The federal government’s year-end spending sprees are legendary as agencies try to commit contracting dollars – lest they have to turn their leftover budgets back to the U.S. Treasury.

A study conducted last year, however, shows that spending just before September 30 seems to be trending downward, with more attention being given to better planning the spend that begins anew on October 1.

The study, “Positioning for 2017: Competitive Outlook in Defense and Civilian Agencies,”shows that for the past two years both defense and civilian agencies have softened their year-end spending spike. Big data and analytics firm Govini conducted the research.

That said, there’s still a disproportionate amount of contract dollars obligated in the fourth quarter of the federal fiscal year – at least 30 percent.

What can vendors do now to perhaps capture year-end money, as well as set the stage for the new fiscal year?

Keep reading this article at: http://americancityandcounty.com/federal/what-expect-curtain-comes-down-federal-fiscal-year-2017

Small business set-aside decisions may include restrictive ‘capability’ requirements

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The small business set-aside “rule of two” is not satisfied unless the procuring agency has a reasonable expectation of receiving proposals from at least two small businesses capable of performing the work.

GAO-GovernmentAccountabilityOffice-SealAlthough this sounds like a commonsense interpretation of the rule of two, it may give agencies leeway to define “capability” in manner that eliminates small businesses from participation.  In a recent bid protest decision, the GAO held that an agency appropriately issued a solicitation as unrestricted based on the agency’s determination that there were not two or more small businesses with at least five years of relevant experience. Of concern, the GAO did not require the agency to prove that five years of relevant experience was necessary to render a firm “capable” of performing the contract.

The GAO’s decision in Rice Services, Inc., B-411450, B-411450.2 (Aug. 20, 2015) involved a Department of Homeland Security solicitation for food service at the United States Coast Guard Academy.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/small-business-set-aside-decisions-may-include-restrictive-capability-requirements/#more-4271

Subcontractor wants out of shipping contract; hearing set for Oct. 30

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A key subcontractor wants to stop shipping troops’ privately owned vehicles for the Department of Defense, further threatening a system that has been plagued by long delays and complaints from troops.

A U.S. District Court on Sunday enjoined Liberty Global Logistics of Lake Success, N.Y., to stick to its agreement to ship vehicles to and from Europe. Liberty is a subcontractor to Brunswick, Ga.-based International Auto Logistics, which in May took over a DOD contract to ship the personal vehicles of servicemembers and DOD civilian employees.

The temporary injunction will be the subject of a Thursday hearing at the U.S. District Court for the Southern of Georgia, Brunswick Division.

Liberty, of Lake Success, N.Y., has questioned whether International is financially capable of servicing a contract it won in May to ship the personal vehicles of DOD personnel when they transfer duty stations. In documents filed with the court by International, Liberty said that International had taken out an $8 million line of credit last year, which expired in July.

Keep reading this article at: http://www.stripes.com/news/subcontractor-wants-out-of-pov-shipping-contract-hearing-set-for-thursday-1.309580

Webinar on surety bonds to be presented April 17th

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The U.S. Small Business Administration’s Surety Bond Guarantee Program helps small business get bonded.  If you wish to learn about this program, you are invited to participate in a free, live webinar on Thursday, April 17, 2014 from 10:00 to 11:00 am EDT.

This webinar is ideal for  small businesses with:

  • Limited financial resources
  • No prior bonded work experience
  • Been in business less than three years
  • Desire to increase your current bonding capacity

The webinar will cover Contract Bonds, including:

  • What they are and why they are required
  • How to get pre-qualified
  • Working capital and bank support

The webinar also will provide complete information about SBA’s Surety Bond Guarantee Program, including:

  • Program eligibility
  • Required information
  • Application process and fees

Advance registration is required.  Please register online at http://events.sba.gov/eventmanagement/EventRegistration.aspx?id=9a6d088f-24b1-e311-abc5-02bfa56e2a24 

Date:                    Thursday, April 17, 2014

Time:                    10:00 am – 11 am

Internet:        https://connect16.uc.att.com/sba/meet/?ExEventID=87462470 (copy the link into your browser to attend).

Phone:            888-858-2144 and then enter meeting code 7462470# to connect by phone.

Prepare in advance for the conference at: https://connect16.uc.att.com/sba/Prepare

For more information please contact Ms. Melanie Bryant at 404-331-0100, ext. 603 or melanie.bryant@sba.gov.

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