Best-Value Procurement Methods for Highway Construction Projects (2006) / Chapter Skim
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Appendix B - List of State Laws Allowing Use of Best-Value by Departments of Transportation; Excerpts from the Model Procurement Code, FAR, and State Statutes
Appendix B - List of State Laws Allowing Use of Best-Value by Departments of Transportation; Excerpts from the Model Procurement Code, FAR, and State Statutes
Pages 96-125
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A P P E N D I X B List of State Laws Allowing Use of Best-Value by Departments of Transportation; Excerpts from the Model Procurement Code, FAR, and State Statutes
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From page 97... ...
§ 103D-301 et seq. 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)
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Standard Specifications provide for award to be made to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the invitation for bids, and is either the lowest bid price or the lowest evaluated bid price.
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2.2-4301: Competitive sealed bidding definition states that award is to be made to the lowest responsive and responsible bidder, but also makes clear that requirements set forth in the invitation will be evaluated in determining acceptability, including special qualifications of potential contractors, life-cycle costing, value analysis, and any other criteria such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose, which are helpful in determining acceptability. 2.2-4306: procedures for award of design-build and construction management contracts.
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(5) The statutory authorization in Section 3-201 to use competitive sealed bidding and competitive sealed proposals applies to four new project delivery methods identified in Article 5 of the 2000 Code: design-build, design-build-operate-maintain, when added to
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Contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 3-201 (Method of Source Selection)
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(2) To maintain the integrity of the competitive sealed bidding system, a bidder should not be permitted to correct a bid mistake after bid opening that would cause such a bidder Invitation for Bids shall set forth the evaluation criteria to be used.
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percent, the Chief Procurement Officer, or the head of Purchasing Agency, is authorized in situations where time or economic considerations preclude resolicitation of work of a reduced scope to negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
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(a) A contract may be entered into by competitive sealed proposals when the Chief Procurement Officer, the head of a Purchasing Agency, or a designee of either officer above the level of the Procurement Officer determines in writing, pursuant to regulations, that the use of competitive sealed bidding is either not practicable or not advantageous to the [State]
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The effect of this different use of judgmental evaluation factors is that under competitive sealed bidding, once the judgmental evaluation is completed, award is made on a purely objective basis to the lowest responsible bidder. Under competitive sealed proposals, the quality of competing products or services may be compared and tradeoffs made between price and quality of the products or services offered (all as set forth in the solicitation)
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If local conditions require an enacting jurisdiction to reduce the proposed flexibility in choosing between competitive sealed bidding and competitive sealed proposals, the statutory determination under Subsection (1)
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The Procurement Officer is authorized to provide debriefings that furnish the basis for the source selection decision and contract award. COMMENTARY: Debriefings may be given orally, in writing, or by any other method acceptable to the Procurement Official.
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Care must be taken to ensure that purchase requirements are not fragmented in order to fall within the authority contained in this Section, thus circumventing the source selection procedures required by either Section 3-202 (Competitive Sealed Bidding) , or Section 3203 (Competitive Sealed Proposals)
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Notwithstanding any other provision of this Code, the Chief Procurement Officer or the head of a Purchasing Agency may with prior public notice initiate a procurement above the small purchase amount specified in Section 3-204 where the officer determines that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Any special procurement under this Section shall be made with such competition as is practicable under that circumstance.
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From page 110... ...
See Alaska Statutes Section 36.30.308 (authorizing the use of an innovative procurement process under certain conditions to purchase new or unique state requirements, new technologies, or to achieve best-value) and Arizona Revised Statutes Section 41-2537 (authorizing, under emergency procurement authority, a waiver for competitive sealed bidding or competitive sealed proposals when doing so is in the State's best interests)
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(a) The lowest price technically acceptable source selection process is appropriate when best-value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.
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Use of oral presentations as a substitute for portions of a proposal can be effective in streamlining the source selection process. Oral presentations may occur at any time in the acquisition process, and are subject to the same restrictions as written information, regarding timing (see 15.208)
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(e) The contracting officer shall maintain a record of oral presentations to document what the Government relied upon in making the source selection decision.
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(1) When, pursuant to rules, the state purchasing director, the head of a purchasing agency, or a designee of either officer who is in a higher ranking employment position than a procurement officer determines in writing that the use of competitive sealed best-value bidding is advantageous to the state, a contract may be entered into by competitive sealed best-value bidding.
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(4) The contract shall be awarded with reasonable promptness by written notice to the low responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids except as otherwise provided for certain low tie bids under section 24103-202.5.
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The required content of the technical proposal to be submitted by the design-build firm, including design concepts for the transportation project, the proposed solutions to the requirements addressed in the department's scope of work statement, or both; (C) Any other evaluation factors the department considers appropriate, including the estimated cost of the transportation project; and (D)
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(5) If the department awards a design-build contract pursuant to this part 14, the department shall execute a design-build contract with the successful design-build firm and shall give notice to said firm to commence work on the transportation project.
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Performance reviews of the proposing contractor on previously awarded public works or private construction projects within the last 10 years; e. Civil judgments and/or criminal history of the proposing contractor's principals; f.
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-- - a. The contracting agency shall award any public works contract within 30 days of the bid opening 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.
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The bidder's financial, physical, personnel or other resources including subcontracts; 2. The bidder's record of performance on past public or private construction projects, including, but not limited to, defaults and/or final adjudication or admission of violations or prevailing wage laws in Delaware or any other state; 3.
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Factors to be considered in determining whether competitive sealed bidding is not practicable shall include (a) Whether specifications can be prepared that permit award on the basis of bestvalue; and (b)
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B-27 45A.070. Definitions for KRS 45A.070 to 45A.165.
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of this subsection, is less than the amount bid by the responsible bidder for all of the work and materials, as determined pursuant to paragraph (2) of this subsection; but if the sum total of the amounts bid by the responsible bidder for each branch, as determined pursuant to paragraph (1)
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the evaluation and weighting of price and "other factors" in the awarding of contracts and (2) the appealing of a prequalification classification and rating, a bid rejection, and a contract award recommendation.
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the lowest responsible bidder for contracts for the construction or improvement of capital facilities. The provisions of this paragraph shall not limit the corporation's right to extend, add or resume suspended work on any project.
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