Afterthoughts: Low Price Technically Acceptable (LPTA)

Following each Nash & Schooner Hot Topics Webinar event, we interview Professor Ralph Nash to get his thoughts on the topic following the panel discussion. On November 29th, Professors Ralph Nash and Steve Schooner and Dean Dan Gordon discussed LPTAs.   What is the difference between an LPTA competition versus a sealed bid competition? With sealed bidding of course you open the bids publicly whereas in LPTA you don’t get see other prices or the other bidders’ technical proposals.  In addition, in sealed bidding, a bid is responsive or non-responsive with no way to fix it except, of course, if you are using two step.  Whereas in LPTA you have the option of negotiation and using negotiation to get unacceptable bids to acceptable.  I don’t … Continue reading

Afterthoughts: Contract Implications of Sequestration

Following each Nash & Schooner Hot Topics Webinar event, we interview Professor Ralph Nash to get his thoughts on the topic following the panel discussion.  On October 25th, Professors Ralph Nash and Steven Schooner discussed the contract implications of potential sequestration.   Do you think sequestration will happen? I don’t think anybody knows whether it will happen or, if does happen, how long it will last.  My belief is whether it happens or not there are going to be significant cuts in procurement spending.  So people ought to be planning for sequestration without regard to whether it does or does not occur.   If you were a contractor looking at your company’s portfolio of government contracts, would there be particular contracts that you would be … Continue reading

Afterthoughts: FAPIIS

Following each Nash & Schooner Hot Topics Webinar event, we interview Professor Ralph Nash to get his thoughts on the topic following the panel discussion.  On September 27, Professors Ralph Nash and Steven Schooner hosted special guest James McCullough, Fried Frank, and Julia Wise, OFPP in a discussion of the Federal Awardee Performance and Integrity Information System (FAPIIS).   What are the key points that you think people should understand or know about FAPIIS? 1)      Contracting Officers have a responsibility to input data very quickly after making determinations; this includes issues covered under the Contracts Disputes Act. Contracting Officers then have the additional responsibility of updating the information as these issues go to litigation and settle. 2)      FAR 52.209-7 & 9, primarily, require contractors with … Continue reading