On February 4, DISA advised our Office that it would amend the solicitation and analyze the solicitation’s evaluation methodology for compliance with DFARS § 215.101-2-70. On January 21, Verizon filed another pre-award protest again challenging the agency’s failure to use a best-value tradeoff (BVTO) source selection process. On January 16, the agency issued amendment 6, revising the PWS and releasing an additional question and answer exchange. On January 15, 2020, DISA issued amendment 5, which revised the PWS and attached a memorandum regarding the agency’s use of LPTA evaluation methods. GAO dismissed the protest as academic based on DISA’s proposed corrective action. Notice of Corrective Action, B‑418331, Dec. On December 13, DISA asked that we dismiss the protest on the basis that the agency intended to amend the solicitation and reevaluate the source selection method.
On December 6, Verizon filed a pre-award protest with our Office challenging the agency’s use of an LPTA evaluation scheme. Award will be made to the first technically acceptable proposal. If a proposal receives a rating of unacceptable for any technical subfactor, the entire proposal will be considered unacceptable and unawardable. at 7.The subfactor requirements require offerors to demonstrate how their proposal will meet certain requirements of the PWS. To achieve a rating of acceptable, the proposal must meet the subfactor requirements. Proposals will be sorted from lowest price to highest, and then evaluated for technical acceptability, starting with the lowest-priced proposal. There are two evaluation factors: technical/management approach and price. The solicitation provides that award will be made to the responsible offeror submitting the lowest-price, technically acceptable (LPTA) proposal.
As part of these services, the contractor will install network equipment, such as routers and wi-fi access points, and will be responsible for providing services at minimum speeds and specifications. 7, Site List RFTOP Performance Work Statement (PWS) at 2. The RFTOP, issued on October 29 in accordance with the procedures of Federal Acquisition Regulation 16.505, is for the installation and support of basic internet, wi-fi, and voice services for approximately 950 Air Force recruiting offices nationwide. In addition, the regulation echoed the statutory language and instructed contracting officers to avoid the use of LPTA source selection criteria in procurements for information technology services “to the maximum extent practicable.” DFARS § 215.101-2-70(a)(2). This regulation, DFARS § 215.101-2-70, establishes eight provisions that, together, limit the use of lowest-priced, technically acceptable source selection procedures. Selection of Contractor-Source Selection Process-Lowest Price Technically Acceptable Source, 84 Fed. To implement this statutory mandate, on October 1, 2019, the Department of Defense revised the DFARS in accordance with the statute. Finally, Congress provided that, “o the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of. 114-328, § 813 Note (a).Ĭongress also required the Secretary of Defense to revise the Defense Federal Acquisition Regulation Supplement (DFARS) to require that lowest-priced, technically acceptable (LPTA) source selection criteria are only used when the solicitation can satisfy six criteria. In the Act, Congress announced that “t shall be the policy of the Department of Defense to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Department the benefits of cost and technical tradeoffs in the source selection process.” Pub.
On December 23, 2016, Congress passed the National Defense Authorization Act for fiscal year 2017, Pub. The protester also alleges that the solicitation does not adequately describe the agency’s needs. The protester contends that the solicitation is defective because it impermissibly establishes a lowest-priced, technically acceptable basis of award, in violation of statute and regulation. 821913761, issued by the Defense Information Systems Agency (DISA) for telecommunications services under the Enterprise Infrastructure Solution (EIS) governmentwide acquisition contract (GWAC). Verizon Business Network Services, Inc., of Ashburn, Virginia, protests the terms of request for task order proposals (RFTOP) No.