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From page 3...
... NCHRP LRD 90 3 BEST VALUE PROCUREMENT FOR HIGHWAY CONSTRUCTION: LEGAL ISSUES AND STRATEGIES Ghada M Gad, California State Polytechnic University, Pomona, CA; Christofer M
From page 4...
... 4 NCHRP LRD 90 Best value procurement in DBB allows the agency to assess factors other than price, such as contractor qualications, extended warranties, design alternatives, trac control plans, and public outreach, which then enables the agency to justify awarding the contract to a proposer that did not submit the lowest bid.11 DBB procurements also frequently incorporate cost plus time bidding or "A + B bidding." It is similar to best value since it involves evaluation of schedule, a non-price factor; however, it is generally considered consistent with low bid selection since the value of time is evaluated as part of the cost. When using best value procurement for DBB, the agency needs to develop a clear and concise RFP that eectively communicates to proposers the submittal requirements for proposals and explains how proposals will be evaluated, including evaluation factors.
From page 5...
... NCHRP LRD 90 5 Table 1. Use of Best Value Procurement for Different Project Delivery Methods Transportation Agency DBB DB PDB CMGC P3 with Availability Payments P3 with Revenue Risk Arkansas Yes Yes Yes Yes Colorado Yes Yes Yes Yes Yes Connecticut Yes Yes DC Yes Florida Yes Yes Yes Yes Georgia Yes Yes Yes Idaho Yes Yes Yes Maine Yes Yes Maryland Yes Yes Yes Yes Yes Yes Massachusetts Yes Michigan Yes Yes Yes Yes Yes Yes Minnesota Yes Yes Yes Missouri Yes Yes Montana Yes Yes Nevada Yes Yes Yes New Mexico Yes Yes New York State Yes Yes North Carolina Yes Yes Ohio Yes Yes Yes Yes Oregon Yes Yes Yes Rhode Island Yes Yes Yes San Francisco Bay Area Rapid Transit District Yes Yes Yes Tennessee Yes Texas Yes Yes Utah Yes Yes Yes Yes Yes Yes Vermont Yes Virginia Yes Yes Yes Yes Yes Wisconsin Yes Wyoming Yes Yes able, realistic, and reasonable.13 e agency then considers price and other factors, using a tradeo (e.g., tradeo between cost and technical factors relevant to the project, see Figure 11 for an example)
From page 6...
... 6 NCHRP LRD 90 constructible design for the project that results in a reduced likelihood of construction claims.18 Once the design reaches an appropriate level, the agency and the CM then agree upon a GMP for the construction of the project and execute a construction contract; if the parties fail to reach a GMP agreement, the agency may elect to put the project out to market for competitive procurement (e.g., o ramp) .19 CMGC delivery permits an agency to consider qualications, past performance, and record of success when selecting the contractor.
From page 7...
... NCHRP LRD 90 7 Appendix A includes information regarding state legislation enabling state highway agencies and other transportation agencies to use best value procurement methods. In most cases, the authority is limited to DB, CMGC, and P3, but some agencies can use best value for DBB.

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