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Special Report on Competitive Bid Selection Process vs. Best Value

eNews from ASA of Oklahoma 

 

September 26, 2011 - Vol II, Issue 7

What should ASA-OK's position be on competitive bidding vs. best value?  Have your voice heard at the September 30th Legislative Summit!

In the spring of 2011, Senate Bill 96 was passed by the Oklahoma Legislature and signed by the Governor. The bill modifies the Public Competitive Bidding Act and authorizes the Construction and Properties Division to award contracts using Best Value competitive proposals to determine the proposal with the greatest value to the state.

 

Recognizing the problems inherent with price-based contracting, Construction and Properties (CAP) initiated research in 2006 to explore alternative forms of contracting used by other public entities. Initial results found that such systems were either too complex or too subjective, and often oppressive to smaller contractors. In 2008, CAP began a dialog with the Performance Based Studies Research Group (PBSRG) at Arizona State University and became a research partner with PBSRG to implement Best Value using PIPS (Performance Information Procurement System).

 

Best value PIPS was developed by PBSRG as a result of research on the causes of project risk and low customer satisfaction in the government contracting arena. Major differences between the bidding and project delivery environments of priced based and Best Value systems can be summarized as follows:

 

  

                    Price Based                                                    Best Value PIPS

Owner is the expert: must manage/control      Contractor is the expert. Owner outsources to the

vendor's work.                                                 expert.

 

Contract awarded on price. Contractors are     Contractors are not a commodity: have differing

a commodity.                                                 expertise and capabilities.

 

Assumes the owner's requirement is               Acknowledges that the owner may not have

perfectly known and the documents                perfectly communicated the requirement and the

perfectly communicate the requirement.          documents are not perfect.

 

Contractor bids on exactly what is in the         Contractors propose value added options that

documents.  Price is not aligned with               increase quality or minimize risk to align

owner's expectation on performance.               price with performance.

 

Supply chain (subcontractor) selection is         General contractor must align subcontractor

price based. Encourages bid shopping             price and performance to be successful.

after award.

 

Owner manages, directs and controls the         Contractor holds all parties, including owner,

work with no accountability when causing         accountable through contract and simple

risk. Owner causes most risk.                          reporting mechanism.

 

Price and performance out of alignment.            Price and performance is aligned according

Owner expects high performance but wants       to work plan developed by contractor.

the lowest price.

 

Owner subjectively rates contractor                   Contractor measures their own performance.

performance.

 

  

Best Value is a paradigm shift from traditional contracting in that it recognizes the vendor is the expert and the expert should have control of project delivery. To set the contractor up to be successful, risk management is emphasized as risk affects performance and ultimately customer satisfaction. A "risk" is anything that causes a deviation in cost, schedule or quality. Customer satisfaction is a rating on deviation from the owner's expectation. Price based systems rely on the Owner to manage risk, rather than the expert contractor. 

 

The PIPS selection process considers past performance, technical capability, risk management, value added proposals, interviews and price. With the exception of interviews, evaluation and scoring is conducted blind using non-subjective, dominant information. If there is no dominant differentiation between competitors, the low price is the best value. Preplanning is the last step before contract execution allowing the identified best value contractor to develop a work plan that clarifies "what is in" and "what is out" of the contract, and a risk management plan to define the impact if a risk actually occurs. These contract attachments, along with a simple weekly risk report, serves to hold the other parties - owner and architect - accountable to the contractor.

 

Using PIPS, the owner is able to identify the expert that can preplan the work, anticipate the risks and minimize them before they occur. Preplanning adds efficiency to project delivery. Rather than award at the low price and issue a 10 day notice to proceed, PIPS incorporates pre-planning to identify the risks, agree on a risk management plan and clarify scope, thereby minimize change orders, unnecessary transactions and decision making by the owner.

 

Best Value PIPS is designed to identify the right contractor at the right price for the right project. The

selection process emphasizes expertise, efficiency, alignment and the ability to preplan the work. Through preplanning and efficiency, transactions are minimized, the contractor's profits are maximized and overall project delivery costs to the owner are reduced.

  

ASA-OK September 30th Legislative Summit 

ASA-OK wants to know its members' opinion on best value vs. low bid.  And that is why Issue #2 at the September 30th ASA-OK Legislative Policymaking Summit & Grassroots Symposium presented by Fennell & Associates will address competitive bid selection vs. best value. 

 

The September 30th Summit provides an opportunity for every ASA-OK member to have their voice heard on this important matter.  Click here to register for the event!  Please note that a small registration fee is being charged and that every dollar of that registration fee will be used by ASA-OK solely for the purpose of funding legislative and advocacy effort on behalf of the subcontractors in the state of Oklahoma.

 

Schedule of Events

 

Morning Session sponsored by Rich & Cartmill

8:00 am           Breakfast sponsored by Cantera Concrete and Insurance Agency of Mid-America

Speaker: Senator Dan Newberry (R-OK, District 37), Majority Whip and Chairman of the Business and Commerce Committee

 

9:00 am          Grassroots Symposium led by Jim Dunlap, President Dunlap Consultants & former

                      Oklahoma Senate Minority Leader

 

10:00 am         Issue #1:  Little Miller Act protection for public/private partnerships

In attendance for discussion as resource: ASA-National Director of Government Relations Franklin Davis & ASA-OK Member Attorney Eric Daffern

 

10:30 am         Issue #2:  Competitive bid selection process vs. best value

In attendance for discussion as resource: John W. Morrison AIA, State Construction Administrator, Oklahoma Department of Central Services

 

12:00 noon      Lunch sponsored by Sen. Harry Coates, Coates Roofing and Concrete Services Corp

                      Speaker Introduction: Senator Harry Coates (R-OK, District 28)

                      Speaker: Lieutenant Governor Todd Lamb

 

Afternoon Session sponsored by the Oklahoma Masonry Contractors & Brown Machinery Co.

1:00 pm           Issue #3:  Transparency on wrap-up insurance for both public and private projects

 

1:45 pm           Issue #4:  Requiring bid listing on public projects

 

2:30 pm           Issue #5:  Enforcing laws & regulations on out-of-state subcontractors

In attendance for discussion as resource: Oklahoma Labor Commissioner Mark Costello and Oklahoma Insurance Commissioner John Doak

 

4:00 pm          Open Forum

 

5:00 pm          Reception sponsored by Central Glass & Mirror, C. L. Frates & Company and

                      United Acoustics

                      Speaker: Attorney General Scott Pruitt (invited)


 
 
          
 
 
 
 
 
 
   
 
 
American Subcontractors Association of Oklahoma

P.O. Box 60655 · Oklahoma City, OK 73146 · 405-315-5855 (p) · 405-577-5225 (f)