“Any time you have initiatives in government, you have to a) revisit them, and b) update them,” he said. “If you leave them static, it’s hard enough to get them off the shelf. But if you keep moving, and you keep refining them, and keep the messaging going and so forth, I think it’s very helpful.”
Soloway’s group, a trade association which represents many of the largest defense contractors, wrote to Kendall urging changes in three particular areas.
The original guidance called for limiting the lengths of most contracts to three years in a bid to increase competition.
But DoD officials have acknowledged the provision has been “either over-interpreted in the field or overstated in the initiative,” Soloway said.
“There are going to be many cases where a longer contract length makes sense for the government, and competition just for the sake of competition doesn’t get you anything,” he said. For competition to matter it must be used as a tool to drive greater efficiency and innovation, he added.
Further, in many cases, a three-year window isn’t adequate for the work being performed, he said. Instead, the solution is looking at contract length as a “reflection of the mission requirement, rather than having contract length be a predetermined, arbitrary factor,” Soloway said.
Another area Soloway’s group hopes Kendall and DoD procurement officials tackle is the “overwhelming tendency” of agencies — according to PSC’s letter — to use lowest-price technically acceptable (LPTA) contracting methods.
Under LPTA, if a company’s bid meets the minimum technical qualifications for a piece of work, agency buyers are instructed only to consider a bidder’s price to determine the awardee.
Soloway said, in practice, agency procurement officials should more carefully weigh the tradeoffs between cost and technical specifications.
“We’re not talking about gilding the lily here; we’re talking about reasonable cost and technical tradeoffs,” Soloway said. “We’ve seen those go by the board in favor of this kind of myopic focus on cost.”
Cutting profits in cost-reduction efforts
In the current budget climate, agencies are mindful of making sure contract awards are not swallowed up by excessive profits to companies.
“What we’re seeing agencies do is not looking at appropriate profits for the work being done … But instead arbitrarily just sort of pressuring the profit side as a means of meeting cost targets,” Soloway said.