[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4999 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4999
To ensure the effective and appropriate use of the Lowest Price
Technically Acceptable source selection process.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2016
Mr. Beyer (for himself and Mr. Wittman) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To ensure the effective and appropriate use of the Lowest Price
Technically Acceptable source selection process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Value Based Defense
Procurement Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the Department of Defense to avoid using
Lowest Price Technically Acceptable source selection criteria in
inappropriate circumstances that potentially deny the Department the
benefits of cost and technical tradeoffs in the source selection
process.
SEC. 3. REVISION OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT.
For new solicitations issued on or after the date that is 120 days
after the date of the enactment of this Act, Lowest Price Technically
Acceptable source selection criteria shall be used only in situations
in which--
(1) the Department of Defense is able to comprehensively
and clearly describe the minimum requirements expressed in
terms of performance objectives, measures, and standards that
will be used to determine acceptability of offers;
(2) the Department of Defense would realize no, or minimal,
value from a contract proposal exceeding the minimum technical
or performance requirements set forth in the Request for
Proposal;
(3) the proposed technical approaches will require no, or
minimal, subjective judgment by the source selection authority
as to the desirability of one offeror's proposal versus a
competing proposal;
(4) a review of technical proposals of offerors other than
the lowest bidder would result in no, or minimal, benefit to
the Department; and
(5) the contracting officer has included a justification
for the use of a Lowest Price Technically Acceptable evaluation
methodology in the contract file, if the contract to be awarded
is predominately for the acquisition of information technology
services, systems engineering and technical assistance
services, or other knowledge-based professional services.
SEC. 4. AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE
SELECTION CRITERIA IN PROCUREMENTS OF INFORMATION
TECHNOLOGY AND AUDITING.
To the maximum extent practicable, the use of Lowest Price
Technically Acceptable source selection criteria shall be avoided when
the procurement is predominately for the acquisition of information
technology services, systems engineering and technical assistance
services, audit or audit readiness services, or other knowledge-based
professional services.
SEC. 5. REPORTING.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter for 3 years, the Secretary of Defense
shall submit to the congressional defense committees a report on the
number of instances in which Lowest Price Technically Acceptable source
selection criteria is used, including an explanation of how the
criteria in section 2 was considered when making a determination to use
Lowest Price Technically Acceptable source selection criteria.
<all>