Full and Open Acquisition, in practice

GAO decisions/Sustained/Decided 8 Jan 2025

The Mission Essential Group, LLC

Lowest-price technically acceptable method used without meeting the DFARS criteria

SustainedB-422698.28 January 2025Department of the Air Force

The procurement

Pilot augmentation support services in Europe and Africa, competed as a follow-on task order under the Air Force's A&AS V multiple-award IDIQ contract, with mostly fixed-price line items plus cost-reimbursement line items for travel, other direct costs and surge support. The FOPR used lowest-price technically acceptable (LPTA) procedures with two subfactors: past technical experience similar to two PWS paragraphs, and a staffing plan. Mission Essential protested before proposals were due. GAO took jurisdiction under the $25 million threshold for DoD task orders in effect when the protest was filed; the FY2025 NDAA has since raised that threshold to $35 million.

The protest

Mission Essential challenged the FOPR's use of LPTA. It argued that the FOPR did not state minimum requirements in measurable terms, that it asked for a unique staffing approach even though LPTA assumes exceeding the minimum has no value, and that the file lacked the required life-cycle cost determination. It also argued the Air Force had not avoided LPTA for knowledge-based professional services.

The agency’s answer

The Air Force said the PWS clearly defined the requirements, it was not asking for unique approaches, and a mostly fixed-price effort means the lowest price absorbs the life-cycle costs. It added that DFARS does not prohibit LPTA, its Complexity Analysis Tool rated the buy low complexity and recommended LPTA, the ordering guide allows LPTA orders, and it had used LPTA for earlier orders, including ones awarded to Mission Essential.

What decided it

The file didn't show all eight DFARS LPTA criteria were met, and calling LPTA efficient doesn't show avoiding it was impracticable.

GAO found the FOPR failed at least three of the eight criteria DFARS 215.101-2-70(a)(1) requires before LPTA may be used. It gave no guidance on which of 46 pages of PWS subtasks an offeror had to show experience in, its request for unique staffing approaches undercut the claim that exceeding minimums had no value, and the file lacked the requiring activity's life-cycle cost determination. The D&F called LPTA viable and efficient without showing other methods were impracticable, and the complexity tool did not answer that question. GAO recommended a revised FOPR that complies with DFARS 215.101-2-70(a), or a different source selection method, with revised proposals, and reimbursement of protest costs.

“Without these minimum standards, offerors are left to guess what combination of and how many subtasks will meet the threshold for technical acceptability.”

GAO, B-422698.2

For the file: For a DoD LPTA buy, the D&F has to walk through each DFARS 215.101-2-70 criterion with facts about this requirement, including the requiring activity's life-cycle cost determination. A complexity score and past practice on earlier orders are not a substitute.

Authorities: DFARS 215.101-2-70(a)(1); DFARS 215.101-2-70(a)(2). Read the decision at GAO →
Facts are condensed from the published decision and the quote is verbatim; the takeaway is ours. Where GAO decided several grounds, only this one is described.

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