Best Practices on “Best Value” Discussed by the National Cooperative Highway Research Program

Nossaman LLP
Contact

The National Cooperative Highway Research Program (NCHRP) released its latest installment of its “Synthesis of Highway Practice” on March 5, 2015, discussing specifically practices for developing transparent “best value” selection procedures.  “Best Value” concepts are of particular interest to public and private entities seeking to engage fair, value-based public-private partnership (“P3”) solutions to highway, and more broadly transportation, challenges in an environment of restricted funding and aging national transportation infrastructure.

The “best value” synthesis examines practices relating to the procurement process, where cost of the transportation asset is one among several factors in evaluating the winning bidder.  The paper surveys practices across jurisdictions in best value procurement processes and highlights case studies that support transparency in best value (versus “lowest bid”-type) procurements.

The argument for “best value” as a viable and defensible selection basis is that “[n]on-price factors such as qualifications, experience, technical approaches, and innovated solutions are not considered [in “lowest bid” procurements],” and where “lowest bid” is “inherently transparent” as a single, objective factor, “it does not always offer the best performance during and after construction.”  The synthesis goes on to address strategies and best practices that capture this stranded value of “best performance” while at the same time procuring through a transparent, and objective-as-possible process.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nossaman LLP | Attorney Advertising

Written by:

Nossaman LLP
Contact
more
less

Nossaman LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide