Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods (2020) / Chapter Skim
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Pages 15-26
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From page 15... ...
15 C H A P T E R 2 This chapter's objective is to identify the potential legal issues associated with procurements involving ATCs. Topics include • Conducting a proper procurement • Protecting the confidentiality of ATCs during the procurement process • Making the "equal to or better than" decision NCHRP Synthesis 455 included a thorough review of construction case law conducted by an attorney experienced with alternative project delivery.
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From page 16... ...
16 Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods industry outreach meeting prior to advertising an ATC project to explain the specifics of the ATC review and approval process for the given project is a risk mitigation tool used successfully by a number of DOTs. Normally, agencies have broad discretion in making procurement decisions, but most, if not all, procurement laws require that an agency treat all proposers fairly.
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From page 17... ...
ATC Procurement Considerations 17 The agency's project manager should also include the principles employed to maintain confidentiality with each proposer at the beginning of each one-on-one ATC meeting. The industry commonly thinks that the risk of a wrongful disclosure comes from the owner.
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From page 18... ...
18 Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods potentially wasted the money spent developing the ATC, as well as enhanced the position of its competitor -- if the ATC in question is used by the agency with the winning proposer -- based on the payment of a stipend. However, offering stipends to offset the costs of ATC development and to be able to capture good ideas in DBB ATC projects is possible and may eventually be demanded by industry.
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From page 19... ...
ATC Procurement Considerations 19 The third component of the decision-making process is provided by the baseline design, which constitutes the benchmark against which the ATC must be measured and found to be equal to or better than. The baseline is easy to determine in DBB projects because the design will be complete before the bids are open, and bidders are not obligated to propose ATCs.
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From page 20... ...
20 Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods risk will be assigned to the contractor and its licensed designer-of-record. To do this formally, it would be prudent to seek guidance from the agency's professional engineers licensing board regarding the details that must be addressed to efficiently and effectively convey the design liability to the contractor.
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From page 21... ...
ATC Procurement Considerations 21 Project Development Phase Action Agency Contractor Remarks Assess the flexibility for design options for projects in corridor plan. x The agency should have each project within a given corridor assessed and its level of flexibility identified.
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From page 22... ...
22 Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods Table 3 illustrates the roles and responsibilities after the preliminary engineering on the baseline design has been completed. By definition, this period is focused on receiving, reviewing, evaluating, and either approving or disapproving contractor-initiated CATCs and ATCs.
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From page 23... ...
ATC Procurement Considerations 23 2.5 Developing an ATC Project Scope of Work This section will discuss the major aspects of detailing the baseline design and ensuring that the ATCs change it in a meaningful fashion. It is important for the project development team to develop the project's final scope of work in a manner that both stimulates ATCs from industry and allows expeditious completion of the review/approval process.
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From page 24... ...
24 Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods 2.5.2 Timing of ATC Review This section focuses on the relationship between the amount of time given to ACM contractors to generate ATCs and the value of those ATCs. Its primary message is that the decision to include ATCs should be made as early as possible in the design process to ensure that the agency will be comfortable with potential changes.
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From page 25... ...
ATC Procurement Considerations 25 the industry and the subsequent review by the agency. The time frames are highly dependent on the scale of the project and the type of project, as well as individual agency and ACM contractor capabilities.
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From page 26... ...
26 Guidebook for Implementing Alternative Technical Concepts in All Types of Highway Project Delivery Methods The juxtaposition of the two projects and their results is stark. In the Michigan project, the ATCs were limited to only the maintenance of traffic plan, which resulted in the period of traffic disruption being reduced to a single construction season instead of the two shown in the baseline.
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