DoD Proposes Limitations & Prohibitions on Use of LPTA Source Selection Process
Client Alert | 1 min read | 12.11.18
Implementing a Department of Defense (DoD) policy preference against the use of lowest priced technically-acceptable (LPTA) procurements that was codified in the National Defense Authorization Acts (NDAAs) for fiscal year 2017 and 2018, last week, the DoD issued a proposed rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to reflect the limitations and prohibitions in the NDAA provisions.
Of note, the proposed rule would add DFARS 215.101-2-70, which sets forth the eight scenarios under which LPTA source selection procedures can be used, such as when 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. The proposed rule makes clear that the limitations and prohibitions (e.g., the prohibition against using, to the maximum extent possible, LPTA procurement for the acquisition of IT and cybersecurity services and systems engineering and technical engineering services) apply to several types of acquisitions including, but not limited to, Federal Acquisition Regulation (FAR) Part 15 procedures for negotiation, acquisitions for commercial items under FAR Part 12, and simplified acquisition procedures using FAR Part 13.
Contractors should be aware of these new restrictions and have until February 4, 2019 to submit comments to be considered in the formation of the final rule.
Contacts
Insights
Client Alert | 5 min read | 08.21.26
FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know
On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement.
Client Alert | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
Client Alert | 2 min read | 08.19.26



