Can you help me find the most recent guidance outlining WHEN to avoid, to the maximum extent practicable, using” LPTA procedures for procurements that are “predominately for the acquisition of” certain types of procurements? (with reference)
Also, can you assist me in finding the list of criteria that must be met in order for LPTA procedures to be permissible for a procurement? (with reference)
Is there a template for a Determination & Findings for the use of LPTA?
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The current guidance for DoD can be found at DFARS 215.101-2-70. This is based on the fact there are no current DoD Class Deviations or DoD DPC Policy Memoranda that includes additional limitations or guidance surrounding the use of LPTA by DoD.
The process: if an NDAA changes something that requires a change to the FAR or DFARS, those changes must go through the rule making process. Depending on the language of the NDAA and when the requirement must be implemented; a class deviation will be issued until the change can be incorporated into the FAR or DFARS. The class deviation will be recinded and archived once the change to the FAR and/or DFARS is final.
All current and archived DoD Class Deviations and Defense Pricing and Policy letters can be found at: https://www.acq.osd.mil/dpap/index.html