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May 21, 2019 By AMK

Software acquisition – still a tough nut to crack

Effectively acquiring and sustaining the massive number of software systems the Pentagon employs is a perennial problem, experts say. It often takes too long for the Defense Department to purchase and deploy new, cutting-edge software or upgrades.

Despite efforts by Congress to root out the problem through various well-intentioned reports, issues persist, said Jeff Boleng, a special assistant for software acquisition at the Defense Department. He is a key member of Undersecretary of Defense for Acquisition and Sustainment Ellen Lord’s executive leadership team.

“We’ve got a whole bunch of numbers staring us down — we’ve got 804, 805, 809, 813, 872, 873, 874, 868,” he said, referring to sections of recent National Defense Authorization Acts.

“Essentially, Congress is inside DoD’s decision loop here telling us how to fix software more quickly than we can actually address some of the problems and implement them,” he noted.

Boleng is working closely with the Section 872 panel which — alongside the Defense Innovation Board — is focusing on software acquisition regulations, he said during a recent event hosted by the Center for Strategic and International Studies, a Washington, D.C.-based think tank.

The report will soon wrap up and is slated to be delivered to the Pentagon in April and then to Congress in May, he added.

“There’s a lot in there. Surprisingly, there’s not a ton that’s new,” he said. “I hope that the timing is right for some of these recommendations. We’ve been looking back in history at various other studies that have been done on acquisition reform, software technology, information technologies. [And] we’ve been lamenting about this problem since the ‘70s — literally when software first started to even be created for defense systems — and a lot of times we say the same things.”

Keep reading article at: http://www.nationaldefensemagazine.org/articles/2019/3/19/algorithmic-warfare-software-acquisition—still-a-tough-nut-to-crack

Filed Under: Government Contracting News Tagged With: Defense Innovation Board, DoD, information technology, LPTA, Section 872 Panel, software, software acquisition

January 17, 2019 By AMK

DoD’s long-awaited LPTA regulations expected in 4th quarter of FY19

For a number of years now, Lowest Price Technically Acceptable (LPTA) source-selection procedures have come under fire for overuse and misuse at the same time budget constraints make LPTA methods more enticing to some cash-strapped agencies.

In an LPTA procurement, the Government evaluates proposals for mere technical acceptability under the solicitation’s stated evaluation criteria. Of the technically acceptable proposals received from eligible offerors, the Government then awards the contract to the lowest-price proposal, without considering any additional value that more expensive proposals may provide. In an LPTA acquisition, it does not matter that the second least expensive proposal may have three times more technical merit than the lowest-price technically acceptable proposal. Even if that technically superior proposal is only a dime more expensive, the Government is required to make the award to the acceptable proposal that is ten cents cheaper.

Some of you may remember that, way back in 2016, Congress passed the National Defense Authorization Act (NDAA) for 2017, requiring the Department of Defense (DoD) to revise the Defense Federal Acquisition Regulation Supplement (DFARS) within 120 days to require DoD contracting officers to ensure six criteria are satisfied before issuing a solicitation on an LPTA basis.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=767110

Filed Under: Government Contracting News Tagged With: DFARS, DoD, lowest price, LPTA, NDAA, source selection, technical evaluation

December 7, 2018 By AMK

DoD moving away from LPTA for IT acquisitions

The Department of Defense (DoD) published a new proposed rule in the Federal Register on Tuesday of this week that follows through on legislation to remove the lowest price technically acceptable (LPTA) acquisition methodology from IT and cybersecurity acquisitions, in favor of the tradeoff source selection process.

The proposed rule, open to comment until Feb. 4, 2019 would be implemented in the Defense Acquisition Regulation Supplement (DFARS), and is based on both the 2017 and 2018 National Defense Authorization Acts (NDAAs), which include language to define when LPTA is to be used.

While initially passed as part of Section 813 in the 2017 NDAA, the 2018 NDAA included some amendments to define when LPTA should be used.

Keep reading this article at: https://www.meritalk.com/articles/dod-moving-away-from-lpta-for-it-acquisitions/

See Proposed Rule by the Defense Acquisition Regulations System on 12/04/2018 here: https://www.federalregister.gov/documents/2018/12/04/2018-26306/defense-federal-acquisition-regulation-supplement-restrictions-on-use-of-lowest-priced-technically

Filed Under: Government Contracting News Tagged With: DFARS, DoD, IT, LPTA, NDAA, proposed rule, source selection, tradeoff

November 28, 2018 By AMK

Pentagon lags on policing lowest price, technically acceptable contracts

Two years after Congress required clearer criteria on when the Defense Department could issue lowest price, technically-acceptable (LPTA) contracts, Pentagon contracting officers still lack adequate written guidance, the Government Accountability Office (GAO) concluded in a recently released audit.

Under the fiscal 2017 National Defense Authorization Act (Section 813), the department is required to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to reflect eight criteria that justify the sometimes-controversial use of LPTA’s for awards of $5 million or more. (The requirements governing their use were expanded in the fiscal 2018 version.)

FAR Part 15 describes the use of several competitive source selection processes to meet agency needs, which include the LPTA process and tradeoff process on a best value continuum.

Though this type of contract can be efficient and quick for obtaining supplies and services, competing contractors often complain that the vehicle can short-change quality.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2018/11/pentagon-lags-policing-lowest-price-technically-acceptable-contracts/152955/

Filed Under: Government Contracting News Tagged With: DFARS, DoD, GAO, lowest price technically acceptable, LPTA, NDAA, quality, source selection

August 10, 2018 By AMK

Death knell for using LPTA for services and other acquisition highlights in the NDAA

Every year the Defense Authorization bill is filled with golden nuggets of little noticed provisions that make a big impact on the federal acquisition community.

This year they range from a strong focus on making it easier for agencies to buy commercial items to mixed messages around the use of other transaction agreements to the ever increasing concerns about too many bid protests.

This is, by far, not a comprehensive list, but several that most federal and contractor employees interested in acquisition should know about.

The House passed the NDAA on July 26. The Senate is expected to take up the bill next week. House and Senate conferees agreed to the bill on July 23, clearing the way to passage.

Keep reading this article at: https://federalnewsradio.com/reporters-notebook-jason-miller/2018/07/the-death-knell-for-using-lpta-for-services-and-other-acquisition-highlights-in-the-ndaa/

Filed Under: Government Contracting News Tagged With: acquisition workforce, DIUx, DoD, GSA, GWAC, lowest price technically acceptable, LPTA, micropurchase, NDAA, OTA, other transaction authority

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