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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.

Insights

Client Alert | 3 min read | 05.16.25

EPA Maintains Current Drinking Water Standards for PFOA and PFOS but Plans To Reconsider Other PFAS Compounds

On May 14, 2025, the Environmental Protection Agency (“EPA”) announced that it will keep the current National Primary Drinking Water Regulations (“NPDWR”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Safe Drinking Water Act (“SDWA”), while extending the compliance deadline from 2029 to 2031. EPA further announced it plans to rescind requirements in those regulations applicable to other PFAS and mixtures of certain PFAS in drinking water. The NPDWR consists of legally enforceable primary standards and treatment techniques that apply to public water systems and guide EPA’s enforcement of the SDWA. This announcement follows EPA’s April 28, 2025 press release outlining its priorities for PFAS enforcement, which included 21 actions EPA intends to take to address PFAS and “engage with Congress and industry to establish a clear liability framework that ensures the polluter pays and passive receivers are protected.”...