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

The VA, of All Agencies, Fails to Follow SDVOSB Set-Aside Rules

Phoenix Environmental Design Inc., a service disabled, veteran-owned small business (SDVOSB) protested to the GAO the failure by the Veterans Administration to set aside a procurement for SDVOSB concerns, as required by the Veterans Benefits, Health Care, and Information Technology Act of 2006 (the VA Act).  Specifically, Phoenix protested the award to a non-SDVOSB concern, Golf Enviro Systems, Inc., of a contract for the supply of bagged fertilizer for the VA’s Santa Fe National Cemetery. As the estimated value of the procurement was $4,382., the VA purchasing agent decided to follow FAR Part 13’s Simplified Acquisition Procedures.  She identified 16 SDVOSB concerns, none of which were located in New Mexico.  She contacted 3 of these concerns to request proposals.   Two vendors did not provide quotations.  … Continue reading