I 
115TH CONGRESS 
1ST SESSION H. R. 3019 
To require executive agencies to avoid using lowest price technically acceptable 
source selection criteria in certain circumstances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2017 
Mr. MEADOWS (for himself, Mr. BEYER, Mr. CONNOLLY, and Mr. WITTMAN) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform 
A BILL 
To require executive agencies to avoid using lowest price 
technically acceptable source selection criteria in certain 
circumstances, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Value 
Based Procurement Act of 2017’’. 
SEC. 2. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE 
SOURCE SELECTION PROCESS. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States Government to avoid using lowest 
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price technically acceptable source selection criteria in cir-
cumstances that would deny the Government the benefits 
of cost and technical tradeoffs in the source selection proc-
ess. 
(b) REVISION OF FEDERAL ACQUISITION REGULA-
TION.—Not later than 120 days after the date of the en-
actment of this Act, the Federal Acquisition Regulation 
shall be revised to require that, for solicitations issued on 
or after the date that is 120 days after the date of the 
enactment of this Act, lowest price technically acceptable 
source selection criteria are used only in situations in 
which— 
(1) an executive agency is able to comprehen-
sively and clearly describe the minimum require-
ments expressed in terms of performance objectives, 
measures, and standards that will be used to deter-
mine acceptability of offers; 
(2) the executive agency would realize no, or 
minimal, value from a contract proposal exceeding 
the minimum technical or performance requirements 
set forth in the request for proposal; 
(3) the proposed technical approaches will re-
quire no, or minimal, subjective judgment by the 
source selection authority as to the desirability of 
one offeror’s proposal versus a competing proposal; 
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(4) the source selection authority has a high de-
gree of confidence that a review of technical pro-
posals of offerors other than the lowest bidder would 
not result in the identification of factors that could 
provide value or benefit to the executive agency; 
(5) the contracting officer has included a jus-
tification for the use of a lowest price technically ac-
ceptable evaluation methodology in the contract file; 
and 
(6) the executive agency has determined that 
the lowest price reflects full life-cycle costs, including 
for operations and support. 
(c) AVOIDANCE OF USE OF LOWEST PRICE TECH-
NICALLY ACCEPTABLE SOURCE SELECTION CRITERIA IN 
CERTAIN
PROCUREMENTS.—To the maximum extent 
practicable, the use of lowest price technically acceptable 
source selection criteria shall be avoided in the case of a 
procurement that is predominately for the acquisition of— 
(1) information technology services, cybersecu-
rity services, systems engineering and technical as-
sistance services, advanced electronic testing, audit 
or audit readiness services, or other knowledge-based 
professional services; 
(2) personal protective equipment; or 
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(3) knowledge-based training or logistics serv-
ices in contingency operations or other operations 
outside the United States, including in Afghanistan 
or Iraq. 
(d) REPORTING.—Not later than one year after the 
date of the enactment of this Act, and annually thereafter 
for three years, the Comptroller General of the United 
States shall submit to the appropriate congressional com-
mittees a report on the number of instances in which low-
est price technically acceptable source selection criteria is 
used for a contract exceeding $2,000,000, including an ex-
planation of how the situations listed in subsection (b) 
were considered in making a determination to use lowest 
price technically acceptable source selection criteria. 
(e) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given that term in section 
102 of title 40, United States Code, except that the 
term does not include the Department of Defense. 
(2) 
CONTINGENCY
OPERATION.—The 
term 
‘‘contingency operation’’ has the meaning given that 
term in section 101 of title 10, United States Code. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Oversight and 
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Government Reform of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate. 
Æ 
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