By Bruce Jervis
Federal construction contracts, as well as many other public construction contracts, are frequently procured on a “best value” basis. There is a trade-off between price advantage and technical advantage. This necessitates a detailed technical evaluation and a rating of the proposals. The solicitation stipulates the evaluation factors and the relative weight, or importance, of each factor.
On a recent federal procurement, the solicitation established three key technical evaluation factors and said each carried equal weight. During the evaluation of proposals, however, the agency focused on one of those factors as a “significant discriminator” and used it to choose one contractor over another. This was allowed because a discriminator, although not identified in the solicitation, need not be the most heavily weighted evaluation factor. Read more.
By Stephen Hess
2500 years ago, Greek philosopher Heraclitus of Ephesus said “You could not step twice into the same river.” His point was simple: a river changes constantly and your second step is necessarily into a somewhat different river. The same might well be said of construction projects: although the change is not as continuous as a river’s, construction projects never get executed exactly as planned.
Every day, however, thousands of changes are made in construction projects that are accomplished without strict attention to the contractual change order procedures. Read more...