National Academies Press: OpenBook

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

Chapter: APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY

« Previous: V. CONCLUSION
Page 37
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 37
Page 38
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 38
Page 39
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 39
Page 40
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 40
Page 41
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 41
Page 42
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 42
Page 43
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 43
Page 44
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 44
Page 45
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 45
Page 46
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 46
Page 47
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 47
Page 48
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 48
Page 49
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 49
Page 50
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 50
Page 51
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 51
Page 52
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 52
Page 53
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 53
Page 54
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 54
Page 55
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 55
Page 56
Suggested Citation:"APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY." National Research Council. 2023. Best Value Procurement for Highway Construction: Legal Issues and Strategies. Washington, DC: The National Academies Press. doi: 10.17226/27175.
×
Page 56

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

NCHRP LRD 90 37 APPENDIX A: SURVEY OF TRANSPORTATION AGENCIES ON BEST VALUE AUTHORITY e survey in Table A1 should not be construed as legal advice regarding procurement authority in any state. is survey was based on a review of various sources and may not identify all of the legislation in each jurisdiction. States marked with an asterisk have state procurement legislation that either adopts the ABA’s Model Procurement Code or is based on the model code. (For additional details, see https://publicprocurementinternational. com/wp-content/uploads/2022/02/Extent-of-States-Adoption-or-Adaptation-of-ABA-Model-Procurement-Code-1.docx.) Table A1. State Survey of Transportation Agency Best Value Authority State Transportation Agencies with Authority Citation Procurement Process 1 AL* DOT and Alabama Toll Road, Bridge and Tunnel Authority have authority to use best value or QBS for DB, DB-own, DB-own-operate or DB-own-operate- maintain contracts. Ala. Code §§ 23-2-144, 145 Department of Transportation is authorized to use best value or QBS for DB and DB+ projects in excess of $100 million. Alabama Toll Road, Bridge and Tunnel Authority is authorized to use best value or QBS for DB and CMGC contracts. 2 AK* Authorization for agencies to use competitive sealed proposals (CSP) for DB and CMGC contracts. Alaska Stat. § 36.30.190 et seq. Alaska Stat. § 36.30.309 2 AAC 12.933 et seq. CSP law requires award to the responsible and responsive oeror whose proposal is determined most advantageous to the state considering price and the evaluation factors set out in the RFP. DB proposals must include price for design and construction. CMGC contracts include preconstruction phase with price negotiations for construction phase. 3 AZ* Authorization for DOT to use best value for DB, CMGC and public- private partnerships (including predevelopment agreements, DB agreements, DB-maintain agreements, DB-nance-operate agreements, DB- operate-maintain agreements, DB- nance-operate-maintain agreements, concessions and other project delivery methods) Authorization for other agencies to use best value for DB and best value or QBS for CM@R Ariz. Rev. Stat. §§ 28-7361 et seq. Ariz. Rev. Stat. § 28-7703 Ariz. Rev. Stat. §§ 34-101 and 34-602; Ariz. Rev. Stat. § 34-602, 34-603, 34-605 Ariz. Rev. Stat. § 41-2578, 41-2582 DOT: DB proposals must include price for construction; CMGC contracts to be negotiated with most highly qualied proposer. Public-private partnership procurements may use (a) invitation for proposal for undened projects; (b) requests for qualications, short-listing, requests for proposals, negotiations, best and nal oers or other procurement procedures; (c) procurements seeking from the private sector development and nance plans most suitable for the project; and (d) best value selection procurements based on price or nancial proposals, or both, or other factors. Other agencies: Other agencies may use the following delivery methods: DBB, construction-manager-at-risk, DB and job-order-contracting. DB contracts must include xed price or guaranteed maximum price. CMAR contracts may be awarded using best value or qualications- based selection (QBS), with June 30, 2025 sunset for horizontal construction

38 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 4 AR* State Highway Commission authority to use DB (through July 16, 2023) on two projects that require state highway revenues; each project must cost more than $50 million. e State Highway Commission has the authority to enter into DB contracts. Ark. Code §§ 27-67-206, 27- 65-107(c), 27-67-206(j)(2) AR Highway and Transportation Dept DB Rules DB rule provides for best value selection (best adjusted price).

NCHRP LRD 90 39 State Transportation Agencies with Authority Citation Procurement Process 5 CA Best value DB authorization for State Highway System projects (Caltrans and regional transportation entities) Caltrans: up to 10 DB projects on state highway system RTEs: DB projects on or adjacent to state highway system, pursuant to cooperative agreement with Caltrans QBS authorization for Caltrans CMGC projects (over $10 million) Best value DB authorization for local agencies (applies to non-SHS projects): • Cities • Counties • Transit districts, transit operators, etc. • San Diego Unied Port District Best value procurement authority for local agencies (revenue-generating infrastructure projects) Best value procurement authority for local agencies for PDB projects for water, wastewater, recycled water, advanced treated water, or supporting facilities Best value procurement authority for Charter cities • Authority depends on charter Best value procurement authority for joint powers agencies Best value procurement authority for specic agencies (Metro Gold Line Foothill Extension Construction Authority, Los Angeles County Metropolitan Transportation Authority, etc.) Pub. Con. Code § 6820 et seq.; Streets & Highways Code § 91.2 Cal. Pub. Con. Code § 20160 et seq. Cal. Gov. Code §§ 5956 et seq. Cal. Pub. Con. Code §§ 22170 et seq. Under the “home rule” (Smith v. City of Riverside, 34 Cal. App.3d 529 (1973)), the charter governs Cal. Gov. Code § 6509 Cal. Pub. Util. Code §§ 132400 et seq., 130242 SHS DB projects: Selection can be based on low bid or best value. Sunsets January 1, 2024. Caltrans CMGC: qualications-based selection Local agency DB Law: Enacted 2014 to consolidate various DB statutes, and subsequently modied. Allows low bid or best value selection for DB projects over $1 million. Sunsets January 1, 2025. Revenue-generating projects: Selection primarily based on qualications, price may be a factor. Allows D-B for revenue- generating infrastructure projects; question whether contract must include nancing and operations. Cannot be used by any state agency directly or indirectly to design, construct, nance, or operate a state project (including state highways). Local agency PDB Law: Evaluation criteria may include, but are not limited to, price, features, function, life-cycle costs, experience, and past performance. Best value determination may involve the selection of the lowest cost proposal meeting the interests of the local agency and the objectives of the project. City Charters: A number of city charters specically allow DB or allow use of a best value procurement or qualications-based selection process for alternative delivery projects JPAs are subject to the same restrictions on contracting as the designated member agency. Gold Line: Signicant exibility in contracting. Statute requires contracts to “be awarded in accordance with state law relating to procurement.” LA Metro: Authority to procure contracts for all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty, using best value selection process, with a majority vote by the authority’s board. Operations and maintenance may be included with a 2/3 vote.

40 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 6 CO* Authorization for DOT to use best value for DBDB. Authorization for state agencies to use best value for Integrated Project Delivery Specic authorization for High Performance Transportation Enterprise to use best value for DBDB for surface transportation projects Colo. Rev. Stat. § 43-1-1401 et seq. 2 CCR 601-15 Colo. Rev. Stat. § 43-4-806 Colo. Rev. Stat. § 24-92-108 Colo. Rev. Stat. §§ 24-93- 104, 30-20-1104-06, 31-25- 1304, 32-1-1804 Colo. Rev. Stat. § 24-13- 202.3 e Colorado Department of Transportation is authorized to use DB on transportation projects using adjusted score DB (i.e., the two phase DB) contract process, low bid DB Contract process, or any other process the Chief Engineer determines appropriate. Broad authority for state agencies (including CDOT) to use Integrated Project Delivery, including CMGC (selection based on review of qualications and technical proposal) and best value DB. 7 CT* Authorization for the Commissioner of Transportation to use best value selection for DB and QBS selection for construction-manager-at-risk with a guaranteed maximum price DB. Conn. Gen. Stat. § 13a-95b 2012 CT PA 70 § 1 DB selection process based on competitive proposals and contract awarded based on predetermined metrics provided in advance to proposers. is metric may be unique to each project but shall consist of a combined score of qualications and past performance of the proposer, technical merit of the proposal and cost. CMGC selection is based on general conditions and sta costs plus qualitative criteria; trade subs to be selected through low sealed bid process. 8 DC* Competitive sealed proposals may be used for alternative delivery projects when the use of competitive sealed bidding is not practicable or not advantageous D.C. Code § 2-354.03 D.C. Code § 2-356.01 et seq. WMATA Compact 73.21 (a) (1) DC agencies may use competitive sealed proposals when the use of competitive sealed bidding is not practicable or not advantageous to the District: Construction management at risk DB DBFOM DBOM Evaluation criteria must include (A) price or cost; (B) the quality of the product or service as addressed by one or more non-cost evaluation factors; and (C) past performance of the oeror. Aer ranking the prospective contractors, the contracting ocer may elect to proceed with negotiations with the highest-ranked rm, and if negotiations fail may proceed to the next highest-ranked rm, etc. WMATA has authority to award construction contracts using a best value selection process, if the Authority determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement.

NCHRP LRD 90 41 State Transportation Agencies with Authority Citation Procurement Process 9 DE Agencies may use best value for DBB. Delaware Transportation Department DB and CM/GC authority Public-Private Initiatives Program: Authorization for the Secretary of Transportation to enter into agreements with private entities for projects using private sources of nancing. 29 Del. C. § 6962(d)(13) 29 Del. C. § 6970A 80 Del. Laws, C.78, §130 2 Del. C. § 2003 Agency must award “to the lowest responsive and responsible bidder, unless the agency elects to award on the basis of best value, in which case the election to award on the basis of best value shall be stated in the invitation to bid.” Prequalication is allowed. Additionally, award may be made to other than the low bidder if “the interest of the agency shall be better served by awarding the contract to another bidder. DB is authorized for Delaware Transportation Department infrastructure projects. Requirement to conform to federal procurement requirements for DB projects. Transportation Department has CMGC authority for up to 10 pilot projects. Statute does not specic procurement process. Transportation Department Public-Private Initiatives: Each proposal to be weighed on its own merits and ranked according to selection criteria stipulated in the request for proposals; contract negotiated with the highest ranked proposer. 10 FL Authorization for DOT to award DB contracts in accordance with rules adopted by the agency. Separate authorization to use innovative techniques of highway and bridge design, construction, maintenance, and nance (including DB and CMGC). Authorization for state agencies to use DB and P3s. Authorization for local agencies to use DB and P3s in accordance with local ordinance. e Florida Statewide Passenger Rail Commission is authorized to use DB. Fla. Stat. Ann. § 337.11(7) Fla. Stat. Ann. § 337.025 Fla. Stat. Ann. § 287.055 Fla. Stat. Ann. § 255.20(c) (10) Fla. Stat. Ann. § 341.302(d) DB procurements under Section 337.11(7) are governed by rules adopted by DOT (which must include prequalication requirements, public announcement procedures, scope of service requirements, letters of interest requirements, short- listing criteria and procedures, bid proposal requirements, technical review committee, selection and award processes, and stipend requirements). All state agencies are authorized to use DB and P3s using best value or QBS. Counties, municipalities and other political subdivisions of the state are authorized to use DB contracts and P3s as permitted by local ordinance.

42 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 11 GA* Governmental entities are authorized to use competitive sealed proposals for construction. Authorization for DOT to use DB for buildings, bridges and approaches, rail corridor, limited or controlled access projects, projects within existing right of way with a clear scope of work or when it can obtain signicant savings in project delivery time. Further authorization for GDOT to issue a request for proposal for projects that are funded or nanced, in part or in whole, by private sources. Ga. Code Ann. § 50-5-67 Ga. Code Ann. § 36-91-20 et seq. Ga. Code Ann. § 32-2-81 Ga. Code Ann. § 32-2-80 Ga. Code Ann. § 36-91-100, Ga. Code Ann. § 36-91-110 et seq. Section 50-5-67 authorizes state agencies to use competitive sealed proposals if it appears that competitive sealed bidding is not practicable or is not advantageous to the state. Section 36-91-20 provides similar authorization for local agencies. GDOT DB procurements under § 32-2-81 must conform to procedures adopted by GDOT (which must include prequalication requirements, public advertisement procedures, request for qualication requirements, request for proposal requirements, criteria for evaluating technical information and project costs, and criteria for selection and award process) GDOT is authorized to promulgate rules or regulations to assist in its evaluation of proposals and to implement its statutory authority regarding private funding. 12 HI* General authorization for agencies to use competitive sealed proposals to procure goods, services, or construction that are either not practicable or not advantageous to the State to procure by competitive sealed bidding. Haw. Rev. Stat. § 103D-303 Competitive sealed proposals allowed for construction for which competitive sealed bidding is not practicable or not advantageous to the State (determination to be designated by rule or made by agency head in writing). Authority encompasses DBB, DB and CMGC. Award to responsible oeror whose proposal is determined in writing to be the most advantageous taking into consideration price and the evaluation factors stated in the request for proposals. 13 ID* Authorization for Idaho Transportation Department to use DB and CMGC. Authorization for state and local agencies to use DB. Idaho Code §§ 40-904 - 40-905 Idaho Code § 67-2309 Idaho Code § 67-5711A ITD: Two step selection process for DB projects using RFQ and RFP. DB selection may be best value, xed price-best design or, in limited circumstances, lowest price- technically acceptable. ITD: CMGC evaluation factors must include qualications, experience, capability, availability of resources, self-performance, approach to collaboration, unit prices, approach to pricing and organizational conicts of interest. Sections 67-2309 and 67-5711A do not include information regarding evaluation process.

NCHRP LRD 90 43 State Transportation Agencies with Authority Citation Procurement Process 14 IL Broad authorization for DOT and |Illinois State Toll Highway Authority to use DB (including PDB) and CMAR. Authorization for state agencies to use DB. Authorization for Regional Transportation Authorities to use DB. Authorization for Capital Development Board to use DB. Authorization for Public Building Commission to use DB for public buildings and any roads incident to the buildings. Innovations for Transportation Infrastructure Act enacted 2022 (Illinois General Assembly - Full Text of SB2981 (ilga.gov) 30 Ill. Comp. Stat. § 535/75 70 Ill. Comp. Stat. §§ 3615/1.01 et seq. 30 Ill. Comp. Stat. §§ 537/5 et seq. 50 Ill. Comp. Stat. §§ 20/2.5 et seq. 2022 law contemplates best value selection process for DB and CMGC contracts. For CMGC, price component may consist of a xed price for direct costs of preconstruction services and a percentage mark-up on those direct costs. Generally requires use of two-phase procurement process. DB procurements generally required to use two-phase evaluation: shortlist based on qualications then proposals and award based on technical criteria and cost. 15 IN* Authorization for DOT to use low bid DB for road construction, improvement or maintenance contracts. Authorization for public agencies to use DB for designing, constructing, reconstructing, altering, or renovating airport facilities, but not highways. Ind. Code §§ 8-23-9-3 to 4.5 Ind. Code § 5-30-1-1 et seq. e DOT may let contracts to the lowest and best bidder, and the best bid may not be for a greater sum than the estimated cost of the project. Localities, public education, departments of aviation, airport authorities and state agencies may use the DB project delivery method. 16 KS Authorization for KDOT. One highway demonstration project in Johnson or Wyandotte county for the purpose of evaluating the DB concept (QBS). Authorization for alternative delivery for up to three preservation projects (two-phase best value competitive selection). Kan. Stat. § 68-2314b(b) Kan. Stat. § 68-2332 Highway demonstration project to use QBS selection process; preservation projects to use best value. 17 KY* Best value authorization for state and local agencies. Transportation Cabinet has separate DB authority for additional projects. Best value authorization for alternative delivery projects for all state and local agencies. Ky. Rev. Stat. § 45A.045; Ky. Rev. Stat. §§ 45A.180 et seq.; Ky. Rev. Stat. § 45A.494 Ky. Rev. Stat. § 65.025 Ky. Rev. Stat. § 176.431 General DB authorization: Multi-phase best value selection process based on qualications, experience, technical requirements, guaranteed maximum price and other criteria set forth in the request for proposals. All state agencies and political subdivision are authorized to use the DB, DBB, construction management-at-risk and Public Private Partnership project delivery methods for capital projects, using best value. e Transportation Cabinet is authorized to use best value for up to DB 5 projects per year at a cost no greater than $300 million and 10 DB projects not to exceed $75 million.

44 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 18 LA* Department of Transportation and Development may use best value DB for various projects. Regional Transit Authorities are authorized to use DB for ferry projects. La. Rev. Stat §§ 48:250.2 et seq. La. Rev. Stat. § 38:2225.2.5 La. Rev. Stat. §33.2740.71¡ DOTD DB projects: Two-phase selection process; DOT will identify the specic requirements for the second phase depending on the complexity of the project; the selection method uses an adjusted score determined by three components: (1) technical score; (2) time value; and (3) the price proposal. RTA DB projects: selection upon the basis of the best design for the purposes set forth in the RFQ and the best cost for that design, taking into account costs of construction and operation and maintenance of that design. e Department of Transportation and Development may use DB and Public- Private Partnerships on highways, bridges and interchanges. e Downman Road Economic Development District is authorized to use DB based on best design for stipulated sum or the most advantageous proposal. 19 MA* Authorization for state agencies to use best value DB. Authorization for MassDOT to award public-private partnerships (DBOM, DBFOM) to the proposer submitting most advantageous proposal. Mass. Gen. Laws. Ann. ch. 149A, §§ 14 et seq. Mass. Gen. Laws. Ann. ch. 6C, §§ 63 - 65 Mass. Gen. Laws Const. Amend. art. 2, § 8 State agencies: Two-phase selection process: RFP shall identify the cost basis, low- bid or best value, by which the awarding authority will evaluate proposals submitted in response to said RFP. For projects to be awarded on a best value basis, the scoring process, quality criteria and relative weight thereof must be contained in the RFP. MassDOT Is authorized to use DB- nance- operate-maintain, DB-nance-maintain, and DB-operate-maintain for transportation projects, award to proposer submitting most advantageous proposal. Local governments have the discretion to use alternative delivery methods if permitted by special legislation aer passage of a home rule petition.

NCHRP LRD 90 45 State Transportation Agencies with Authority Citation Procurement Process 20 MD* Procurement law provides for competitive sealed proposals, thus permitting best value for DBB and alternative delivery projects. Public- private partnerships. Md. Code Ann., State Fin. & Proc. § 13-101 et seq.; COMAR 21.05.03.03, COMAR 21.05.11.04. Md. Code Ann., State Fin. & Proc. § 10A-101 et seq.; Md. Code Ann., State Fin. & Proc. § 10A-101 Maryland Admin. Code Chapter 11.01.17 Competitive sealed proposal process allows best value selection; award must be advantageous to the state considering price and other evaluation factors set forth in the request for proposals. For SHA CMAR projects, the price proposal includes the preconstruction fee and is weighted much lower than technical. SHA used a xed price best technical proposal selection for its IS 270 PDB project. e Department of General Services, Maryland DOT, Maryland Transportation Authority, University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College are authorized to enter into Public-Private Partnerships. MDOT regulations provide for a two-step RFQ/RFP process resulting in selection of the private entity that provides the best value solution for the State 21 ME Authorization for DOT to use DB contracting to deliver projects on either a best value or low-bid basis. Me. Rev. Stat. Ann. tit. 23, § 4244 Me. Admin. Proc. Act, 5 § 1743 Low-bid award or best value award; If the scope of work requires substantial engineering judgment, the quality of which may vary signicantly, then the basis of award must be the best value. If best value is used, award should be submitted to the department in two components – technical and sealed price proposal. CMAR and DB are authorized for all state agencies for any public improvement. Best value process for DB, based on lowest price per quality score point. CMAR contracts awarded based on determination of most advantageous proposal that meets the published evaluation criteria. Evaluation criteria must include fee as well as specied qualication and technical matters. Rules for procurement established by Bureau of General Services, Alternative Delivery Review System Panel established to assist in development of rules and selecting projects, including both public and private sector members.

46 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 22 MI Authorization for state transportation department to use alternative procurement process for highway, street, road and bridge projects that exceed $100,000. Michigan Legislature - Section 247.661c Award by means other than competitive bidding is allowed if Department armatively nds that it is in the public interest. Innovative Construction Contracting Guide published by Department provides guidance for best value and contemplates adding technical score to weighted scores for price. Guide contemplates selection of CMGC contractors based on QBS. 23 MN Best value permitted for state agency projects including trunk highway construction. Best value DB authorization for streets, highways, bicycle paths, bicycle trails and pedestrian facilities, trunk highways, and other DOT projects, and for light rail transit. Best value DB authorization for Counties for roads, bridges, or other infrastructure relating to a county roadway. Minn. Stat. §§ 16C.28, 161.32 subd. 1b Minn. Stat. §§ 161.3410 et seq.; 473.3993; 429.041; 160.262 Minn. Stat. §§ 383B.158, 1581–85, Minn. Stat. § 160.17 State agencies may use best value selection for construction contracts, including DOT trunk highway projects. Evaluation criteria may include past performance, capabilities, key personnel qualications, risk management skills, among others. DOT and light rail procurement authority for DB allows two-step best value selection process. Technical review committee must include individual nominated by AGC. Technical proposal evaluation must be complete before prices are opened. Requires award to proposer with lowest adjusted score (price divided by technical score). Score may be further adjusted to account for time. For projects under $5m, DOT may determine price score with lowest price receiving highest score, and add price score to technical score to determine best value proposer. Counties have best value DB authority for transportation projects. 24 MO Authority for State Highways and Transportation Commission and local agencies to use best value DB for transportation projects. Mo. Rev. Stat. § 227.107; 7 CSR §§ 10-24 et seq. Mo. Rev. Stat. § 67.5060 Separate legislation and regulations for DB contracts awarded by State Highways and Transportation Commission, requiring use of a two-phase procurement process, with award based on price, technical solutions and other factors. Oral presentations are allowed. A minimum of two and a maximum of ve proposers to be shortlisted. All political subdivisions are authorized to use DB.

NCHRP LRD 90 47 State Transportation Agencies with Authority Citation Procurement Process 25 MS DB authority for DOT permits QBS and best value. Authority for toll road contracts requires best value selection process. DB authority for state public works projects requires best value selection process. Miss. Code Ann. § 65-1-85, § 65-43-3 Miss. Code Ann. §§ 31-7- 13.1, 31-11-3(9) DOT shall establish detailed criteria for the selection of the DB contractor; for each project, DOT must le a report with the Legislature evaluating the DB method of contracting by comparing it to the to the low-bid method. Best value process required for contracts with companies for nancing, constructing, operating or maintaining toll roads or toll bridges. State agencies are authorized to use DB method or the dual-phase DB method of contracting for capital construction projects if a governing authority has determined that it satises the public interest better than DBB, with legislative approval. Agencies allowed to use DB are: DOT, State Institutions of Higher Learning, State Port Authorities, Airport Authority and Department of Finance and Administration. 26 MT Best value authorization for various agencies including DOT for alternative delivery projects. MCA §§ 18-2-501-503 Mt. Code Ann. § 60-2-137 Contractor’s Guide to Alternative Program Delivery (Montana DOT) Alternative delivery statute requires two- phase proposal process and identies minimum criteria to be considered in evaluating technical and price proposals. For CMGC projects DOT requires price proposals to include xed fee markup, unit price on major bid items, and xed price bid for early work package. Statute requires agency to make detailed written nding that using an alternative project delivery contract will not (a) encourage favoritism or bias in awarding the contract; or (b) substantially diminish competition for the contract. Alternative project delivery contracts (DB, construction management and contractor management) are authorized for state, county, municipal construction projects, airports, counties, re districts, service areas and sewer districts. § 60-2-137 provides separate DB authority to DOT and requires proposals to DOT to include conceptual design and construction sequence and schedule and the lump-sum price to complete the project.

48 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 27 NC* Broad authorization for agencies to use QBS for alternative delivery projects including DB and CMAR. Authorization for DOT to use DB, using selection process that maximizes participation, competition, and cost benet. Authorization for NCTA to use alternative procurement process. NCDOT and NCTA have authority to use best value for public-private partnerships. N.C. Gen. Stat. § 143-64.31, 143-128.1, 143-128.1A, 143-128.1B N.C. Gen. Stat. § 136-28.11 2018-5 North Carolina Session Law (Senate Bill 99) § 34.13 N.C. Gen. Stat. § 136-89.180 et seq.; N.C. Gen. Stat. § 136- 89.183A–B N.C. Gen. Stat. §136-18(39a) QBS is generally authorized for all agencies for alternative delivery projects. e North Carolina Department of Transportation (NCDOT) is authorized to award contracts for the construction of transportation projects on a DB basis of any amount. NCDOT uses a two-stage evaluation process which consists of shortlisting contractors and determining the best value proposal by evaluating proposed designs. A recent RFP contemplated use of a consensus approach for technical scoring, with the contract awarded to the proposer oering the lowest adjusted price, determined by subtracting the proposal’s Quality Value from the price. NCDOT has CMGC authority for a pilot program. Guidelines contemplate a two- step process, with QBS selection subject to determination that most qualied rm’s price proposal (xed-markup percentage) is reasonable or to negotiation of an acceptable markup. NCDOT or the North Carolina Turnpike Authority (NCTA) may enter up to three agreements for certain types of partnership agreements with private entities to nance the planning, design, development, acquisition, construction, equipping, maintenance and operation of transportation infrastructure. 28 ND Not Applicable 29 NH* Authorization for DOT to use best value DB for statewide transportation improvement program projects. Exemption from competitive bidding requirements for certain projects using design build and construction management methods of contracting. N.H. Rev. Stat. Ann. § 228:4(I)(c) – (d) N.H. Rev. Stat. Ann. § 21-I: 80 Exclusions from competitive bidding requirements for DOT projects include STIP projects under $25 million (selection to be based on objective standard and measurable criteria for evaluation of proposals) and STIP projects over $25 million (requires ndings, public hearing and approval from governor and executive council). 30 NJ Authorization for state and local agencies (including NJDOT) and New Jersey Transit Corporation to use best value for DB contracts. N.J. Stat. § 52:35B-3 N.J. Stat. § 27:25-11 N.J. Admin. Code § 16:72-4.2 Each agency must establish a selection process by regulation. NJT regulations permit two-step best value process. 2021 legislation (Design-Build Construction Services Procurement Act) includes detailed requirements regarding evaluation criteria and procedures for DB contracts. Price must be given at least 50% weight in the selection.

NCHRP LRD 90 49 State Transportation Agencies with Authority Citation Procurement Process 31 NM* Authorization for NMDOT to use best value DB for all projects including road and highway construction; other agencies have authority to use best value DB other than for road and highway construction. NMDOT may use competitive sealed proposals for CMGC contracts. N.M. Stat. Ann. § 13-1-119,- 119.1 and 119.2 N.M. Admin. Code § 1.5.7 N.M. Stat. Ann. § 13-1-122.3 Two-phase RFP process required for DB projects, with award to the highest ranked proposer following evaluation of technical and price proposals. 32 NV Authorization for any public body to use best value for DB contracts for construction of a public work project (including a road, highway, street or alley) over $5 million. Authorization for DOT to use best value for DB contracts over $10 million. Authorization for regional transportation commission to use a turnkey procurement process (which includes having one entity both design and build) for a xed guideway project aer rst evaluating whether such a procurement is the most cost-eective method of constructing the project on schedule and in satisfaction of its transportation objectives. Nev. Rev. Stat. §§ 338.1711 et seq. Nev. Rev. Stat. §§ 408.3875 – 408.3888; 408.5471 - 408.549 Nev. Rev. Stat. § 277A.280 Public body DB statute requires two-step process, negotiations with most qualied applicant, as determined pursuant to specied criteria, and award to the DB team whose proposal is selected. DB is permitted on certain NDOT projects. Statute sets forth criteria for eligible projects and threshold project values. Price must receive at least 30% of the weight. Award to the proposer that submitted the most cost- eective and responsive nal proposal. Turnkey authority for xed guideway projects does not specify a particular procurement method. 33 NY* Authorization for New York State ruway Authority, Department of Transportation, Oce of Parks, Recreation and Historic Preservation, Department of Environmental Conservation and the New York State Bridge Authority to use the DB delivery method for capital projects costing at least $1.2 million. Authorization for certain New York City entities to use best value for DB contracts over $10 million. Infrastructure Investment Act (2011 Sess. Laws of N.Y. Ch. 56, Part F (S.50002), as amended) NY State Senate Bill S8008C (nysenate.gov) (2021) New York City Public Works Investment Act (2019) Two-step best value evaluation method that optimizes quality, cost and eciency, price and other performance criteria. e following agencies have DB authority that sunsets in 2027: Department of Transportation; ruway Authority; Oce of Parks, Recreation and Historic Preservation; Department of Environmental Conservation; and the Bridge Authority. Project labor agreements required for projects over $25 million; feasibility study required for projects under that threshold. e Metropolitan Transit Authority is required to use DB on projects all projects over $200 million for new construction and all projects over $400 million for projects that are predominantly rehabilitation or replacement of existing assets. MTA uses a two-step process with selection based on a best value analysis. 2019 statute authorized DB for multiple New York City entities for projects with an estimated cost of not less than $10 million, expiring in 2022. Provides for two-step process and best value selection and requires a project labor agreement.

50 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 34 OH Authorization for DOT to establish a program to expedite the sale and construction of special projects that combines the design and construction elements of a bridge or highway into a single project; the total value of the contracts shall not exceed $1 billion per scal year, except that DOT may award contracts under this section for a bridge project that spans the Ohio river for an amount not to exceed $1.5 billion. Public authorities may use best value for CMAR and DB. Ohio Rev. Code Ann. § 5517.011 Section 153.693 - Ohio Revised Code | Ohio Laws Rule 153:1-6-01 - Ohio Administrative Code | Ohio Laws Rule 153:1-6-02 - Ohio Administrative Code | Ohio Laws DOT: A value-based selection process may be used combining technical qualications and competitive bidding elements, including consideration for minority or disadvantaged businesses that may include joint ventures. Public authorities: two step best value process and negotiations with the highest- ranked rm. For CMAR, price proposal includes preconstruction fee, construction fee, at-risk fee, general conditions and contingency. 35 OK State agencies have authority to use best value for DB contracts. Okla. Stat. tit. 61, § 202.1 Oklahoma Administrative Code, Title 260, Chapter 65, Subchapters 17 (CMAR), 19 (DB), 21 (Selection) State Agencies allowed to use CMAR or DB with the written approval of the Director of Oce of Management and Enterprise Services. QBS for CMAR selection. DB selection either low bid or value-based. Procurements must follow requirements set forth in the regulations. 36 OR* State and local agencies may rely on exemption from competitive bidding available based on ndings that: (a) e exemption is unlikely to encourage favoritism in awarding public improvement contracts or substantially diminish competition for public improvement contracts. (b) Awarding a public improvement contract under the exemption will likely result in substantial cost savings and other substantial benets to the contracting agency. DOT has best value authority for tollway projects. Or. Rev. Stat. §279C.335 Or. Rev. Stat. §§ 383.005 – 383.017 Competitive bidding exemption allows agencies to use best value selection for DBB, DB and other types of contracts. DOT has separate authority to award toll contracts either by competitive process or by “private negotiation with one or more entities” or by a combination of competition and negotiation.

NCHRP LRD 90 51 State Transportation Agencies with Authority Citation Procurement Process 37 PA* No authority to use best value for construction contracts. 62 Pa. Cons. Stat. §§ 322, 513 74 Pa. Cons. Stat. § 9109 75 Pa. Cons. Stat. § 9511.5 Statute provides that competitive sealed proposals may be used when the contracting ocer determines in writing that the use of competitive sealed bidding is either not practicable or advantageous to the Commonwealth. However, the courts have held that construction (including DB) contracts are subject to competitive bidding. (See Brayman Construction Corp., et al. v. Commonwealth of Pennsylvania Department of Transportation, 13 A.3d 925 (2011).) Furthermore, public works projects are subject to the Separations Act which requires public entities to solicit bids and award multiple and separate prime contracts for general construction services, electrical, HVAC, and plumbing. 38 RI* e state of Rhode Island and any of its departments or agencies and public agencies are authorized to use any type of contract which will promote the best interests of the state. R.I. Gen. Laws § 37-2-31 220-30-00 R.I. Code R. § 8.11 Rhode Island DOT uses best value section process for DB contracts 39 SC* Authorization for DOT to award highway DB projects using best value selection. Authorization for state to use DB for procurements relating to public roads and streets, highways, public parking facilities, public transportation systems, terminals, rolling stock, rail, air, and water port structures. S.C. Code Ann. § 57-5-1625 S.C. Code Ann. § 11-35-3005 Selection criteria for DOT DB contracts shall include project cost and may include contractor qualications, time of completion, innovation, design and construction quality or other related criteria. State law authorizes the following project delivery methods: • Design-bid-build • Construction management at risk • Operations and maintenance • DB • DB-operate-maintain • DB-nance-operate-maintain 40 SD Authorization for all public agencies (including DOT) to award DB contracts using best value. S.D. Codified laws § 5-18b- 20 South Dakota Bureau of Administration: Oce of State Engineer (sd.gov) Procedures For Design-Build Procurement e particular agency must establish the procurement procedures prior to issuing any DB requests for proposals. Selection criteria to include cost, experience, nancial and bonding capacity, managerial resources, past performance, capacity to meet time and budget requirements, workload, ability to complete work in timely manner and submitted pre-qualication form.

52 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 41 TN Authorization for DOT to use DB for up to 15 projects in a scal year if the contract is less than $1 million and not more than ve projects if the contract is in excess of $1 million; certain limitations apply to contracts estimated to be in excess of $70 million. Tenn. Code Ann. § 54-1-119 Selection criteria shall include the cost of the project and may include DB rm qualications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria, as determined by the department 42 TX Authorization for DOT to use best value DB for highway projects with a construction cost of $150 million or more but limited to six contracts in any state scal biennium; comprehensive development agreement (P3) authorization for TxDOT, regional tollway authorities (RTA), regional mobility authorities (RMA), and local agencies. Tex. Transp. Code Ann. §§ 223.001 et seq. (Subchapter A); for P3 §§ 223.201 et seq.  (Subchapter E); for DB §§ 223.242 et seq. (Subchapter F); for RTA §§ 366.161 et seq. (Subchapter E); for RMA §§ 370.001 et seq.; § 223.246-247; amended by Acts 2019, 86th Leg., R.S., Ch. 859 (H.B. 2830), § 1. Texas Gov’t Code Ann. §§ 2166.251 - 2166.253; § 2269.351 et seq. e DOT is authorized to use DB on up to 6 projects in each scal biennium. Each DOT project must have an estimated construction cost of at least $150 million. Two-step selection process with RFQ and RFP phases. For P3 best value procurement, TxDOT may solicit proposals or accept unsolicited proposals for comprehensive development agreements; if an unsolicited proposal is received, TxDOT must request competing proposals and qualications; selection is based on “best value.” Authority for Comprehensive Development Agreements is limited to projects expressly identied by statute. DB best value procurement requirements include a two-step evaluation process including shortlisting of at least two rms and evaluation of technical and cost proposals with 70% weighted to cost. Texas Transportation Code §§ 370.001 et seq. governs RMA DB best value procurement. Local government entities have DB authority for local roads, streets, bridges, airport runways and taxiways, or transit projects. 43 UT* Authorization for public agencies to use best value DB. Utah Code Ann. §§ 63G- 6a-1402, 1403; Utah Admin. Code R916-3 et seq. Utah Code Ann. § 63G-6a- 1302 Utah Code Ann. § 11-39- 107 Transportation DB law requires two phase process: pre-qualication then proposals; aer considering price and other identied factors, award is to the proposal that is most advantageous to the state. UDOT rules in Utah Administrative Code contain additional procurement requirements (i.e. RFQ must identify maximum number that could be shortlisted). Broad statutory authorization for “Alternative methods of construction contracting management” (including DB and CMGC) providing that an authority shall, by rule provide as many alternative methods of construction contracting management as determined to be feasible.

NCHRP LRD 90 53 State Transportation Agencies with Authority Citation Procurement Process 44 VA* Authorization for agencies to award DB and CM contracts using competitive negotiation. Va. Code Ann. §§ 2.2-4303, -4306, -4308 (state agencies) Va. Code Ann. §§ 33.2-209 (VDOT and DRPT) Va. Code Ann. §§ 33.2-269 (local agencies) DB Procurement Manual (VDOT) https://www. virginiadot.org/business/ resources/APD_Docs/ APD_Oce_Page/DB_ Procurement_Manual_-_ Revised_March_2022.pdf Code of Virginia - Chapter 22.1. e Public-Private Education Facilities and Infrastructure Act of 2002 For VDOT projects, award to be based on competitive sealed bidding or a two-step competitive negotiation process; award determined by objective criteria adopted by Commonwealth Transportation Board; objective criteria to include requirements for pre-qualication and competitive bidding; additional proposal requirements for contracts in excess of $100 million. For PDB projects, VDOT determines highest-ranked proposer based on SOQ, technical proposal and presentation, and price for Phase 1. Disproportionate price for Phase 1A may result in disqualication. Note: Virginia’s public-private partnership enabling statutes are exempt from the Public Procurement Act. Procurements may use competitive negotiation based on guidelines adopted by the agency that are consistent with requirements of the Procurement Act. 45 VT Authorization for Agency of Transportation to use best value for DB contracts. 19 Vt. St. Ann. §2601 et seq. 19 Vt. St. Ann. §10 May evaluate proposals on either a best value or a low-bid basis. For best value awards, Proposer must submit sealed technical and price proposal. Aer evaluation and scoring of technical proposal, price proposal will be opened and separately evaluated and scored to determine the proposal that represents the best value to the agency. e Agency of Transportation is authorized to use DB using best value or low bid selection. e Agency of Transportation is authorized on a pilot basis to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership until 2023. CM at Risk is also authorized on DOT projects.

54 NCHRP LRD 90 State Transportation Agencies with Authority Citation Procurement Process 46 WA WSDOT has authority to use best value selection for DB contracts over $2 million. Broad authorization for agencies to use best value and QBS for DB projects Wash. Rev. Code §§ 47.20.780, 47.20.785 WSDOT Design-Build Manual RCW 39.10.300 WSDOT DB Manual includes comprehensive guidance regarding evaluation procedures. WSDOT uses both adjectival and numerical evaluation and scoring methodologies, e Manual states: “Award protests and their subsequent project delays are avoidable if the agency invests the upfront resources necessary to develop a fair, equitable, and, perhaps most importantly, transparent evaluation process with which to select the best apparent value from among several competing proposals.” Evaluation Team members include a Facilitator, Evaluators, Technical Advisors, and an Observer (Assistant State Construction Engineer). Price proposals are opened aer completion of technical evaluations, and the technical credit is applied to the proposal price to determine the best value score. WA allows DB and PDB for projects in excess of $2 million until July 1, 2031. (xx) Public bodies (including but not limited to state agencies, institutions of higher education, counties, cities, towns, ports, school districts and special purpose districts) who want to use DB must be certied either by the Capitol Project Advisory Review Board or by the Project Review Committee as capable of self-determining the appropriate delivery method, or if the public entity is not certied, the PRC must approve the project. (RCW 39.10.210-280) General contractor/construction management contracts on projects in excess of $10 million may be awarded to “general contractors/construction manager” (RCW § 39.04.220)

NCHRP LRD 90 55 State Transportation Agencies with Authority Citation Procurement Process 47 WI Authorization for DOT to use DB for pilot program and a local bridge program. Wis. Stat. Ann. § 84.06 (2) Wis. Stat. Ann. §§ 84.11(5n) et seq. WisDOT pilot program statute includes a number of constraints. Award may be based on low bid, xed price variable scope, or best value. For best value selection, no more than 20% of technical points may be awarded based on qualications and capability, and price must have at least a 45% weight in the selection determination. Price proposal to be submitted aer agency has determined technical proposal is responsive. Award based on highest adjusted score, calculated by adding the bidder’s technical proposal score to the bidder’s cost proposal score. Local bridge WisDOT DB contracts to be awarded through a competitive selection process that utilizes, at a minimum, contractor qualications, quality, completion time and cost as award criteria. WisDOT’s 2019 Bridge Manual conrms that the agency does not have authority to use CMGC. 48 WV All agencies are authorized to use best value selection for DB projects; DB Board to approve and monitor projects. Division of Highways has separate DB authority. W. Va. Code §§ 5-22A-1 et seq. Legislative Rules 148-CSR-11 W. Va. Code §§ 17-2D-1 et seq. Policies and Procedures Concerning Design-Build Projects (wv.gov) DB Board legislative rules govern procurements under 5-22-A, and establish the process for determining the best score. Price proposal to remain sealed until technical score is determined. Award to highest rated proposal, determined by adding technical score to cost score (Lowest Cost Proposed divided by Cost being evaluated) x 100). W.Va. Division of Highways’ DB authority is subject to certain nancial limitations. AVDOH Policy permits best value award. 49 WY DB broadly permitted for all agencies. Wyo. Stat. Ann. §§ 15-9-113, 16-6-701, -707, -708 Two-step process for DB contracts, with RFP issued to shortlisted rms. Contract awarded based on best overall value.

Next: NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM »
Best Value Procurement for Highway Construction: Legal Issues and Strategies Get This Book
×
 Best Value Procurement for Highway Construction: Legal Issues and Strategies
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

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.

READ FREE ONLINE

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!