When a disaster destroys a vital piece of infrastructure, such as an interstate highway or a large bridge, the procurement must be developed in a manner that expedites the restoration of services with the shortest schedule practical. Expediting an emergency restoration of services project event makes the selection of the appropriate procurement procedure complicated by the need to emphasize schedule over cost and quality. The need to waive or limit statutory rules for open competition increases the risk of protests. This paper presents the results of the case study of the emergency restoration of services award protest for the Interstate Highway 35 West in Minneapolis, Minnesota. The paper concludes that the Minnesota Department of Transportation (MnDOT) successfully defended itself against an award protest because it published the details of the project’s proposal evaluation plan, making it transparent, and strictly followed the plan throughout the procurement and award process.
Available at: http://works.bepress.com/douglas_gransberg/50/
This is a manuscript of an article published as del Puerto, Carla Lopez, Eric Scheepbouwer, Douglas D. Gransberg, and Michael C. Loulakis. "Emergency Megaproject Case Study Protest: The Interstate Highway 35 West Bridge." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 9, no. 3 (2017): 04517004. DOI: 10.1061/(ASCE)LA.1943-4170.0000216. Posted with permission.