Best-Value Procurement in Transportation: Lessons Learned from Bid Protest ChallengesSource: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2025:;Volume ( 017 ):;issue: 003::page 04525034-1DOI: 10.1061/JLADAH.LADR-1157Publisher: American Society of Civil Engineers
Abstract: The best value (BV) procurement method, which incorporates nonprice factors in addition to price, has gained traction in the transportation sector, particularly for complex projects. However, effectively and objectively analyzing nonprice aspects in BV selection to mitigate bid protests and ensure fairness remains a crucial challenge. Thus, the objective of this research is to identify BV procurement issues that have led to formal bid protests and provide recommendations for alleviating such protests in future projects. The methodology employed consists of a comprehensive literature review on BV implementation in the transportation industry, an analysis of enabling BV legislation at the federal, state, and municipal levels. This was followed by thorough content analysis of bid protests retrieved from the Government Accountability Office (GAO) online database. In reliance on an analysis of twelve bid protests that resulted from the use of BV selection, it was determined that protests occurred in cases involving: (1) proper, open, and consistent communication; (2) overall unfairness, such as an unfair advantage being given to one proposer over the others; (3) concerns over the agency evaluation process; (4) improper use of evaluation criteria or weightings, which favors one proposer over another; and (5) improper composition and conduct of the selection/evaluation committee (e.g., organizational conflict). Based on these findings, the research provides informed recommendations on how agencies can proactively address and mitigate similar challenges that may arise during the procurement selection phase. By shedding light on notable bid protest cases, this research underscores critical issues that can emerge with BV selection and offers valuable insights into effective strategies for agencies to tackle these challenges, promoting transparency and fairness in procurement processes.
|
Show full item record
contributor author | Chaimae Nacir | |
contributor author | Ghada M. Gad | |
contributor author | Christofer Harper | |
contributor author | Mohammed S. Hashem M. Mehany | |
date accessioned | 2025-08-17T22:50:25Z | |
date available | 2025-08-17T22:50:25Z | |
date copyright | 8/1/2025 12:00:00 AM | |
date issued | 2025 | |
identifier other | JLADAH.LADR-1157.pdf | |
identifier uri | http://yetl.yabesh.ir/yetl1/handle/yetl/4307527 | |
description abstract | The best value (BV) procurement method, which incorporates nonprice factors in addition to price, has gained traction in the transportation sector, particularly for complex projects. However, effectively and objectively analyzing nonprice aspects in BV selection to mitigate bid protests and ensure fairness remains a crucial challenge. Thus, the objective of this research is to identify BV procurement issues that have led to formal bid protests and provide recommendations for alleviating such protests in future projects. The methodology employed consists of a comprehensive literature review on BV implementation in the transportation industry, an analysis of enabling BV legislation at the federal, state, and municipal levels. This was followed by thorough content analysis of bid protests retrieved from the Government Accountability Office (GAO) online database. In reliance on an analysis of twelve bid protests that resulted from the use of BV selection, it was determined that protests occurred in cases involving: (1) proper, open, and consistent communication; (2) overall unfairness, such as an unfair advantage being given to one proposer over the others; (3) concerns over the agency evaluation process; (4) improper use of evaluation criteria or weightings, which favors one proposer over another; and (5) improper composition and conduct of the selection/evaluation committee (e.g., organizational conflict). Based on these findings, the research provides informed recommendations on how agencies can proactively address and mitigate similar challenges that may arise during the procurement selection phase. By shedding light on notable bid protest cases, this research underscores critical issues that can emerge with BV selection and offers valuable insights into effective strategies for agencies to tackle these challenges, promoting transparency and fairness in procurement processes. | |
publisher | American Society of Civil Engineers | |
title | Best-Value Procurement in Transportation: Lessons Learned from Bid Protest Challenges | |
type | Journal Article | |
journal volume | 17 | |
journal issue | 3 | |
journal title | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | |
identifier doi | 10.1061/JLADAH.LADR-1157 | |
journal fristpage | 04525034-1 | |
journal lastpage | 04525034-10 | |
page | 10 | |
tree | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2025:;Volume ( 017 ):;issue: 003 | |
contenttype | Fulltext |