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

Lowest Price Technically Acceptable Source Selection: Use Remains High and Demands Careful Attention to Section M and Proposal Strategy

Guest Author: Kimberly Heifetz, Counsel, Thompson Coburn LLP, writes: On the best value continuum (FAR 15.101), source selection approaches that weight non-cost/price evaluation factors and significant subfactors collectively as equal to or more important than price and which involve “tradeoffs” between non-cost factors and price/cost factors (allowing for selection of other than the lowest priced offeror or highest technically rated offeror), are preferred (and generally better suited) for acquisition of non-commercial and complex services or supplies.  Yet, use of LPTA remains high as the government seeks the lowest price for needed supplies and services, in the face of tight budgets and the depletion of funds.  Successful LPTA proposals require a different approach than source selection processes that place less emphasis on the bottom line. The … Continue reading