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Best Value Procurement for Highway Construction: Legal Issues and Strategies (2023)

Chapter: NCHRP LRD 90: Best Value Procurement for Highway Construction: Legal Issues and Strategies

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Suggested Citation:"NCHRP LRD 90: Best Value Procurement for Highway Construction: Legal Issues and Strategies." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
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Background State departments of transportation have a continuing need to keep abreast of operating practices and legal ele- ments of specic problems in highway law. e NCHRP Legal Research Digest and the Selected Studies in Trans- portation Law (SSTL) series are intended to keep depart- ments up-to-date on laws that will aect their operations. Foreword State departments of transportation have intro- duced enabling legislation, rulemaking, policy, and implementation guidelines allowing for the greater use of best value procurement in conjunction with alternative contracting methods, including design- build, construction manager/general contractor, and public-private partnerships, for highway construction projects. Best value incorporates factors in the selec- tion process, in addition to price, to better ensure that an oeror will provide the greatest overall value to the agency at optimal performance. is legal research digest addresses the best value procurement systems used for highway projects and notes the exibility regarding selection criteria, rating systems, and award algorithms. It also presents a de- nition of best value procurement; describes the best value procurement process, best value procurement approach, and steps for implementation; and includes an analysis of the existing federal, state, and local legis- lation focused on best value procurement. A compila- tion of relevant bid protests, the aected competition level, increased procurement cost, and other procure- ment or project execution issues is oered. is digest will be helpful to attorneys, procurement ocers, planners, engineers, agency nancial ocials, administrators, and sta involved in the agency pro- curement process. Best Value Procurement for Highway Construction: Legal Issues and Strategies This digest was prepared under NCHRP Project 20-06, “Legal Problems Arising Out of Highway Programs,” for which the Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 25-06, Ghada M. Gad, California State Polytechnic University, Pomona, CA; Christofer M. Harper and Mohammed Mehany, Colorado State University, Fort Collins, CO; Christine Ryan, Nossaman LLP, Austin, TX; and Nancy Smith, Nossaman LLP, Los Angeles, CA, prepared this digest. The opinions and conclusions expressed or implied in this digest are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board; the National Academies of Sciences, Engineering, and Medicine; or the program sponsors. The responsible senior program officer is Gwen Chisholm Smith. JULY 2023 NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM NCHRPLRD 90 LEGAL RESEARCH DIGEST

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Best value procurement is becoming more popular with transportation agencies because it allows them to consider factors other than cost. However, best value procurement is also more complex and can lead to protests if not conducted properly.

NCHRP Legal Research Digest 90: Best Value Procurement for Highway Construction: Legal Issues and Strategies, from TRB's National Cooperative Highway Research Program, addresses the best value procurement systems used for highway projects and notes the flexibility regarding selection criteria, rating systems, and award algorithms.

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