Root Causes and Mitigation Measures for Bid Protest in Alternative Contracting Methods

State departments of transportation (DOTs) and other transportation agencies use alternative contracting methods (ACMs) instead of the traditional design-bid-build method to improve project delivery for a range of transportation construction projects. ACMs include, but are not limited to, design-build (DB), progressive design-build (PDB), construction manager at risk/construction manager general contractor (CMAR/CMGC), and indefinite delivery/indefinite quantity (ID/IQ). Well-planned procurement processes are critical for state DOTs and other transportation agencies. There are many bases for protests from unsuccessful proposers. These protests may necessitate canceling the procurement and reprocuring the project, resulting in additional costs and delays. Research is needed to identify potential situations that may give rise to procurement protests for projects using ACMs so that agencies can take appropriate measures to reduce risk and ensure that the procurement process proceeds as planned. OBJECTIVE: The objective of this project is to develop a guide for identifying the root causes of procurement protests in ACMs, reducing the risk of protests, and addressing these protests.

• Record URL:
  • http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=5864
• Supplemental Notes:
  • Contract to a Performing Organization has not yet been awarded.

Language

• English

Project

• Status: Proposed
• Funding: $350,000.00
• Contract Numbers:

  Project 11-11

• Sponsor Organizations:

  State Departments of Transportation (participating member states of American Association of State Highway Transportation Officials (AASHTO))

  American Association of State Highway Transportation Officials (AASHTO)
  444 North Capitol Street, NW
  Washington, DC  United States  20001

  Federal Highway Administration

  1200 New Jersey Avenue, SE
  Washington, DC  United States  20590
• Managing Organizations:

  National Cooperative Highway Research Program (NCHRP)

  Transportation Research Board
  500 Fifth Street, NW
  Washington, DC  United States  20001
• Project Managers:

  Jared, David

• Start Date: 20260223
• Expected Completion Date: 0
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Bids; Contract administration; Decision making; Risk management; State departments of transportation
• Subject Areas: Administration and Management; Construction; Highways; Planning and Forecasting;

Filing Info

• Accession Number: 01956570
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project 11-11
• Files: TRB, RIP
• Created Date: May 28 2025 10:18AM