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Suggested Citation:"CONTENTS." 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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2 NCHRP LRD 90 CONTENTS I. Introduction, 3 A. What is Best Value Procurement?, 3 B. Why Best Value Procurement?, 3 C. Best Value Procurement Use in Dierent Project Delivery Methods, 4 D. Current Legislation Authorizing the Use of Best Value Procurement, 7 E. Impacts of Protests, 7 II. Best Value Procurement Process, 8 A. Best Value Procurement Approach, 8 B. Best Value Parameters, 9 C. Evaluation Criteria, 10 D. Evaluation Team Selection and Use, 13 E. Evaluation Rating Systems and Award Algorithms, 15 F. Procurement Procedures, 22 III. Potential Issues Creating Risk of Protests in the Best Value Procurement Process, 23 A. Communication with Proposers, 24 B. Fairness, 26 C. Bias and Conicts of Interest, 26 D. Concerns Regarding RFP Submittal Requirements, Evaluation System, and Award Algorithm, 27 E. Proposer Disagreement with Evaluation Team Ratings, 28 F. Evaluation Teams, 29 IV. Eectively Implementing Best Value Procurement, 30 A. Procurement Approaches, 30 B. Proposal Requirements and Evaluation Strategies, 32 C. Approach to Development of RFQ and RFP Provisions, 34 D. Best Value Procurement Enabling Statutes and Regulations, 34 V. Conclusion, 35 Appendix A: Survey of Transportation Agencies on Best Value Authority, 37

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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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