Federal Acquisition Regulation Applied to Alliancing Contract Practices

Abstract

The U.S. federal construction sector led the development of partnering as a project-delivery method and continues to use it as standard practice. Alliancing has since emerged as an evolution of the partnering method and offers substantial advantages over partnering, but it also poses more difficulties with federal acquisition regulations. This research aims to determine if an alliancing contract can be effectively utilized in federal construction and, if so, to create a framework under which federal agencies can utilize the advantages of alliance contracts within existing regulations. A commercially available standard form alliancing contract was selected for analysis against the Federal Acquisition Regulation. Key practices that characterize the alliancing method were identified. Utilizing a panel of federal contracting experts, qualitative data were gathered to analyze which of these key practices do or do not comply with federal regulations, why certain practices do not comply, and how those practices could achieve compliance. The results show that most alliancing key practices can be utilized in a federal construction project. Although other practices cannot be used effectively under current regulations, these limitations do not significantly hinder the use of a comprehensive and effective federal alliancing contract.