Legal Problems Arising out of Highway Programs. Topic 25-06. Legal Issues and Strategies for Best-Value Procurement for Highway Construction

Increasingly enabling legislation, rulemaking, and policy and implementation guidelines that allow for the greater use of best-value procurement in conjunction with alternative contracting methods including Design-Build (DB), Construction Manager/General Contractor (CM/GC), and Public-Private Partnerships (P3) for highway construction projects have been introduced. Best-value incorporates factors in the selection process, in addition to price, to better ensure that an offeror will provide the greatest overall value to the agency at optimal performance. The objective of this research is to produce a legal research digest that includes the following: (1) An analysis of fairness issues in the best-value procurement process that may have resulted in formal bid protests or questions regarding reduced competition. (2) A review and analysis of the existing federal, state, and local legislation focused on best-value procurement to determine whether the enabling legislation (i.e., degree of statutory prescription or other requirements) has resulted in bid protests, affected the level of competition, increased the cost of procurement, or resulted in other perceived procurement or project execution issues. (3) A summary of how best-value should be effectively implemented through law, contract provisions, and policy to minimize protests and preserve the integrity of the procurement process.


  • English


  • Status: Completed
  • Funding: $100000
  • Contract Numbers:

    Project 20-06, Topic 25-06

  • Sponsor Organizations:

    National Cooperative Highway Research Program

    Transportation Research Board
    500 Fifth Street, NW
    Washington, DC  United States  20001

    Federal Highway Administration

    1200 New Jersey Avenue, SE
    Washington, DC  United States  20590

    American Association of State Highway and Transportation Officials (AASHTO)

    444 North Capitol Street, NW
    Washington, DC  United States  20001
  • Project Managers:

    Chisholm-Smith, Gwen

  • Performing Organizations:

    Colorado State University, Fort Collins

    Fort Collins, CO  United States  80523
  • Principal Investigators:

    Harper, Christofer

  • Start Date: 20210114
  • Expected Completion Date: 20220114
  • Actual Completion Date: 20220114

Subject/Index Terms

Filing Info

  • Accession Number: 01713237
  • Record Type: Research project
  • Source Agency: Transportation Research Board
  • Contract Numbers: Project 20-06, Topic 25-06
  • Files: TRB, RIP
  • Created Date: Aug 6 2019 12:45PM