S-2826 : Still Just a Bill

Promoting Value Based Defense Procurement Act of 2016

This bill directs the Department of Defense (DOD) to revise the Defense Federal Acquisition Regulation Supplement to require that Lowest Price Technically Acceptable source selection criteria are used for new solicitations (solicitations issued starting 120 days after enactment of this bill) only in situations in which:

• DOD is able to clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine offer acceptability;
• DOD would realize no, or minimal, value from a contract proposal exceeding minimum technical or performance requirements;
• the proposed technical approaches will require no, or minimal, subjective judgment of competing proposals;
• a review of technical proposals other than the lowest bidder's would result in no, or minimal, benefit to DOD; and
• the contracting officer has included a justification for the use of LPTA evaluation methodology if the contract is predominately for the acquisition of information technology services, systems engineering and technical assistance services, or other knowledge-based professional services.

LPTA source selection criteria shall be avoided when the procurement is predominately for the acquisition of information technology services, systems engineering and technical assistance services, or other knowledge-based professional services.