VOLUME 2   ISSUE 47   NOVEMBER 22, 2013


By Bruce Jervis


The competitive negotiation process is used with increasing frequency in the public procurement of construction contracts. A request for proposals stipulates technical considerations important to the project owner. Each offeror’s technical rating is balanced against the offered price to determine the most advantageous proposal.


Competitive negotiation provides public project owners with more flexibility than sealed bidding. Proponents of the process say it enables owners to obtain the best value for the taxpayers. But along with that flexibility come greater subjectivity and less accountability. The most insidious aspect of competitive negotiation is the use of undisclosed technical evaluation criteria. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Subcontractor Listing Was Undisclosed Evaluation Factor
  • Union Recovers from Miller Act Payment Bonds
  • Contractor Received Impermissible Double Recovery from Architect


By Steve Rizer


Now that Achieving Spatial Coordination through BIM [Building Information Modeling]: A Guide for Specialty Contractors has been released, what is the best way to use it? During an interview with ConstructionPro Week (CPW), Thomas Soles, executive director of member services and market sectors for the Sheet Metal and Air Conditioning National Association (SMACNA), offered some helpful tips for professionals possessing varying levels of expertise with the technology who intend to use the guide, which SMACNA, the National Electrical Contractors Association (NECA), and Mechanical Contractors Association of America (MCAA) unveiled last week (CPW, Nov. 15, 2013, “New BIM Guide Emphasizes the Importance of Preparation”). Click here to read his advice on this topic.


By Steve Rizer


Before deciding whether or not to use the design-build project delivery system, an owner should conduct “a thoughtful, proactive, and objective assessment of the unique characteristics of its program/project and its organization.” This is one of the design-build procurement “best practices” that Capital Project Strategies LLC President Michael Loulakis discussed during “Design-Build Done Right; Design-Build Done Wrong,” a 90-minute webinar that WPL Publishing held last week. To see more procurement best practices for design-build project delivery, click here.





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