Contractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian Agencies

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In The Fiscal Year 2019 NDAA Imposes Government-Wide Limitations on the Use of Lowest-Price Technically Acceptable Procurements, Pillsbury attorneys Dick Oliver and Aaron Ralph are optimistic that contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed.

  • Congress’ trend of limiting the use of the much-derided lowest price, technically acceptable (LPTA) procurement process continues.
  • Many of the Department of Defense’s (DoD) limitations on the use of LPTA process will be extended to civilian agencies.
  • The recently enacted John S. McCain National Defense Authorization  Act (NDAA) requires that the Federal Acquisition Regulation be updated by December 11, 2018, to incorporate these limitations.