PSC Echoes GAO in Urging Defense Department to Issue Congressionally-Mandated Regulations

Arlington, Va. (Nov. 16, 2018)—The Professional Services Council (PSC) is calling on the Department of Defense (DoD) to issue long overdue regulations restricting the use of lowest price technically acceptable (LPTA) source selection criteria for DoD services contracts. Enacted in the National Defense Authorization Act (NDAA) for Fiscal Year 2017, and expanded in the FY18 NDAA, these restrictions limit the use of LPTA for the acquisition of certain services in most circumstances.

PSC’s call to action follows a Government Accountability Office (GAO) report issued this week on implementation of the law (GAO-19-54: DOD Should Clarify Criteria for Using Lowest Price Technically Acceptable Process) which cautioned that absent regulatory clarification, “DOD increases the risk that its contracting officials will not consistently implement the [statutory] requirements.”

“As directed by Congress, DoD needs to prioritize, finalize, and issue the required regulations as expeditiously as possible,” said PSC executive vice president and counsel Alan Chvotkin. “Yet, DoD told GAO that the Department does not intend to revise its regulations or issue additional guidance until the fourth quarter of Fiscal Year 2019.” 

“The rule-making process needs to keep up with the pace of legislation and the needs of the users,” Chvotkin said. “PSC understands that there are additional considerations relating to regulations, but those with a statutory foundation should get the highest priority.”

PSC strongly supported enactment of the DoD LPTA limit and worked to secure inclusion of legislation imposing similar restrictions on the civilian agencies in the FY19 NDAA.  

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Media Contact: 
Ashlei Stevens
Director, Media Relations
703.875.8974
stevens@pscouncil.org 
About PSC: PSC is the voice of the government technology and professional services industry. PSC’s nearly 400-member companies represent small, medium and large businesses that provide federal agencies with services of all kinds, including information technology, engineering, logistics, facilities management, operations and maintenance, consulting, international development, scientific, social, environmental services, and more. Together, the trade association’s members employ hundreds     of thousands of Americans in all 50 states. Follow PSC on Twitter @PSCSpeaks. To learn more, visit www.pscouncil.org.