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

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. Note: These could relate to Alternate Technical Concepts (ATC) introduced during confidential pre-proposal discussions that may give an unfair advantage to a proposer. It also may relate to use of evaluation criteria or weightings that bias the evaluation and selection process towards one proposer over another, the improper make-up and conduct of the selection committee (i.e., organizational conflicts of interest or violations of non-disclosure agreements), rules relating to communications, and the lack of transparency or clarity in justifying and documenting the best-value selection decision. (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. 

  • Record URL:
  • Supplemental Notes:
    • Contract to a Performing Organization has not yet been awarded. ATTENTION PROPOSERS: A request for proposal (RFP) for NCHRP Project 20-06/Topic 25-06 was originally released on 1 August 2019; no award was made. The purpose of this RFP is to initiate a new competition for this project. This RFP has been slightly modified from the original statement to clarify the project deliverables and includes an increase in funding. This solicitation is open to all proposers, including any agencies that responded to the earlier RFP.


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  • Status: Proposed
  • 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

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

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 5 2019 3:23PM