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

DLA’s Evaluation of Past Performance Found to be ‘Supremely’ Unreasonable

At the GAO, Supreme Foodservice (“Supreme”) protested award to ANHAM FZCO (“ANHAM”), of an indefinite-delivery/indefinite-quantity (IDIQ) contract issued by the Defense Logistics Agency (“DLA”) for the supply and distribution of perishable and semi-perishable subsistence products to the military in Afghanistan. The GAO sustained the protest on the grounds that competition was flawed in three ways. In evaluating proposals, the DLA was supposed to consider which proposal would be the most advantageous to the government, considering price, experience and past performance, distribution system/quality assurance, private convoy security capability, operational support, and socioeconomic considerations.  Of the non-price factors, experience/past performance was the most important factor. ANHAM’s proposal was for a lower price, but it also ranked lower technically than Supreme on subfactors within past performance.  Finding that … Continue reading