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ASC Proceedings of the 41st Annual Conference
University of Cincinnati - Cincinnati, Ohio
April 6 - 9, 2005         
 

Obstacles With Understanding Best Value Practices

 
Kenneth Sullivan, Ph.D. , Marie Kashiwagi, and Dean Kashiwagi, Ph.D., P.E.
Performance Based Studies Research Group
Arizona State University
Tempe, AZ

 

Jason L. Cardinal and Jacob Kovel, Ph.D.
Central Connecticut State University
Hartford, CT
 
The Performance Information Procurement System (PIPS) is an information based best value system that minimizes risk using best business practices.  Best business practices include the minimization of management and control, the use of performance information to pick the most qualified contractor(s), and forcing contractors to minimize risk.  The authors propose that the cause of construction nonperformance is the lack of understanding by the client’s professional representatives.  The paper proposes that there is a lack of construction management educators/researchers to teach the industry.  Educators/researchers lack first hand experience, education, and research funding to support best value education.  This paper highlights the difficulty using a case study of a CM who is introduced to PIPS during a 14 week masters level construction class.  One of the class assignments was to implement the concepts on an actual project.  The CM selected a large scale bridge project.  The bridge project entails replacing the existing movable span of a railroad bridge with a new vertical lift span and considers the ability of a CM to overcome the traditional roadblocks to a successful project outcome.  This paper analyzes the difficulties faced by the CM in implementing the concepts after a semester of education.  Additionally a professor familiar with performance-based concepts had difficulty seeing the incorrect implementation by the student. 
 
Keywords: Performance-based, construction manager, procurement, standards, risk allocation, nonperformance risk
 
 
Introduction
 
The Performance Based Studies Research Group (PBSRG) was created for the sole purpose of the implementation of best value procurement and other business best practices utilized in other industries.  The hypothesis used was (Kashiwagi, 2004):
 
  1. The major source of construction issues was caused by the client’s delivery process and not the nonperformance of the construction industry.
  2. The price based environment forced contractors to bid low and not consider contingencies and potential project risk.
  3. The client was responsible for minimizing risk through specifications, construction/project management, and inspection.
  4. Management and inspection is an inefficient process that dilutes accountability and risk minimization.
 
PBSRG proposed that (Kashiwagi, 2004):
 
  1. An environment must be created which considers both performance and price.
  2. Contractors must be required to do quality control.
  3.  the contractors are selected based on their capability to minimize risk, and are forced to do quality control to minimize the risk, they can be held accountable for nonperformance.
  4. When outsourcing occurs (transfer the risk and the responsibility to a performance based contractor), management and inspection is minimized.
  5. Contractors who have proven past performance, and can identify, prioritize and minimize risk, and who do quality control, minimize the risk of the client.
  6. Construction managers and designers are hired to minimize perceived risk and not real risk.  Real risk in construction is dependent on the performance level of the contractor, and CMs do not get paid more if a nonperforming contractor is hired.
  7. Professionals are hired to minimize the owner’s risk.  Successful professionals minimize risk by hiring performers (high performing contractors).
 
Construction nonperformance (not on time, not on budget, and not meeting the expectations of the client) over the past twenty years is well documented (Post 2001, CIB 2003).  The industry has introduced numerous concepts which increase efficiency and performance such as partnering, lean, continuous improvement, just-in-time, and quality control; however there has been no documentation on sustained increases in construction performance (Green, 2001).  Furthermore, the latest CIB effort is to identify the value of construction functions in order to resist commoditization, which threatens to lower profit margins in an increasingly risky industry with high turnover rates and increased insurance costs.  Nonperformance, no sustained improvements, and commoditization indicate a tenuous industry.
 
PBSRG introduced the Performance Information Procurement System (PIPS) in 1994 and has since tested and modified the process 380 times over the past ten years.  The system utilizes all of the above requirements.  The ten-year, $4.6M research effort has involved the procurement of $240M of construction, and has resulted in 98 percent performance (on time, on budget, no cost generated change orders, and customer satisfaction) and over 80-refereed journal and conference papers.  PIPS is now being tested by multiple federal government agencies, Harvard University, and the City of Peoria, Arizona (in the suburbs of Phoenix, AZ).  PIPS is also being introduced to two research based universities in the United Kingdom and a consortium of technical universities in the Netherlands.  The fundamental hypothesis (construction nonperformance is a process based problem) has not been altered over the ten years (Kashiwagi, 2004, PBSRG website). 
 
PIPS selects contractors based on performance and price. Information is processed using an artificial intelligence (AI) computer program that transforms data into non-biased information. Clients may then use the information to make documented and justified procurement awards.  The PIPS process has been run on smaller projects (under $5,000) to large projects ($50 Million). A majority of the PIPS implementations have been done on construction procurements, but the process has also been implemented in non-construction areas as well.
 
PIPS has six major filters.  No one filter stands alone.  The filters work in combination.  The objective of PIPS is to minimize the client and contractors’ work, minimize risk, and minimize the cost and investment of performing contractors.  The major components or filters of performance based procurement are (Kashiwagi, 2004):
 
  1. Identification of past performance.
  2. Project specific capability.
  3. Competition based on value (past performance and ability to minimize risk) and price.
  4. Pre-award phase where the best value identifies method to minimize risk before award.
  5. Construction management by the contractor using risk information.
  6. Measurement of contractors’ performance on the project.
 
 
Proliferation of PIPS Education/Testing
 
From 1994-2004, the only location for professionals to learn the concepts of PIPS was at Arizona State University. PBSRG conducted two masters degree classes and 50 presentations to approximately 1,500 construction industry clients/professionals a year in 2003 and 2004.  During the same time, research funding available for PIPS testing/development/implementation exceeded the capability of PBSRG.  In 2003, it was identified by PBSRG that they could not keep up with the demand for PIPS education.  A current concept includes moving the education/research to interested universities in major population areas of the United States.  The first test of an education/research transfer was conducted at Central Connecticut State University (CCSU).  Additional efforts are planned for Colorado State University (summer of 2005) and Florida International University (FIU) (fall 2005). 
 
The challenges of transfering the PIPS technology to other educational/research units is that it runs counter to traditional construction concepts.  The transfer of the technology would require professors to teach the technology, run simultaneous procurement tests to validate the education, have long term partnerships with clients of construction, designers and contractors, document the research in masters theses and PhD dissertations.  The major obstacles will be:
 
  1. The lead time required to learn, teach, and test the concepts.  Educators will not feel comfortable until they have gone through the complete cycle.
  2. A difficulty in beginning best value research is that it places the researcher at risk if they make an error in implementing the process.
  3. Time to research.  Most construction educators spend the majority of their time doing administration duties and teaching undergraduate/research courses, and do not have the time to dedicate themselves to do the research work.
  4. A large percentage of construction students are part time students.  These students, unless undertaking a dissertation, thesis, or report with an advisor thoroughly familiar with PIPS, may not implement the correct principles due to its radical departure from traditional practice.
 
 
Case Study of the Application of PIPS Concepts
 
The difficulties in understanding the PIPS concepts are shown in the following case study.  The CM attended a masters level class for 14 weeks (2.5 hour class per week) at a site which did not give the CM full access to the PIPS mentor.  The class was taught in partnership with a PIPS mentor and an assistant (six classes), a professor who had preliminary exposure to PIPS through a number of presentations (seven classes), but no actual experience, and an industry participant (1 class).  The CM had a text with the theory, PIPS process, and case studies.  The student had very little interaction with the professors outside of the classroom.   The CM was one of the top two students in the class (out of 13 students).  This paper will analyze the result of the CM’s understanding of the best value or best practices using the following criteria (the student’s understanding will be rated on a scale of 1-10, 1 meaning no understanding, and 10 being complete understanding):
  1. The major source of nonperformance was the client’s delivery process.
  2. The price based environment forced contractors to maximize risk.
  3. The client was responsible for minimizing risk in the present process.
  4. An environment must be created which considers both performance and price.
  5. Contractors must be required to do quality control.
  6. Contractors hired based on performance can be held accountable.
  7. Performing contractors minimize the risk of the client.
  8. Construction managers and designers are hired to minimize perceived risk.
  9. Understood PIPS, and the steps in PIPS.
 
This rating will be subjective, and is a pilot usage on a rating system that will be used to rate future successes of moving the best value technology and rating the understanding of the industry participants and other students.  The authors’ credentials in PIPS (for rating purposes) include the creation of the process, refinement of the steps to fit different delivery needs, and over ten years of experience in applying PIPS to over $240 million in construction. 
 
 
Case Study
 
The CM picked a large scale bridge project (the project is on-going). It entails replacing an existing movable span of a railroad bridge with a new vertical lift span.  The bridge is located on a mainline corridor and carries both passenger and freight rail traffic on two tracks with an overhead electrified catenary and a navigation channel in a river below. The main features of the work for this project include, but are not limited to: extending the existing piers for the movable span which includes caisson foundation installation; removal and disposal of the existing bascule bridge including the counterweight; construction of a new span drive vertical lift bridge, including the lift span, towers, counterweight system, machinery house, mechanical and electrical drive system, and control systems; relocation and rehabilitation of the existing control house; and construction of a new back up generator building.  Minimal interruption will be allowed to train operations during the construction project with the exception of a single outage to change out the movable span.  The project cost is estimated at $35M-$45M with a construction duration of 18-24 months. The project is owned by a private entity with significant federal funding to assist in operations and maintenance costs of daily operations along with the specific bridge replacement project.  This project encompasses several important factors leading to specific needs for a successful project, which include but are not limited to: political influences (federal funding), potential impact on service (customers/revenue) and a navigational channel sensitive to boating, industrial, and environmental impacts.  The owner has identified these issues and has adopted several methods of PIPS theories into their processes. 
 
The CM identified several “roadblocks” to a successful project including legal aspects of procuring a contractor, specialty work requirements that minimized competition to a few contractors, specifications and drawings which relied on minimum standards and the inconsistency in the specifications of how the risk would be minimized.  The CM identified that each problem had a negative effect and had to be mitigated.  The CM proposed that the CM was the best participant to mitigate these problems due to the CM’s involvement in all stages of the project from pre-construction phase to project close-out.  The following is the CM’s description of the roadblocks. 
 
Current regulations and laws make it difficult to hire a contractor based on their qualifications rather than their low bid price.  It is a common requirement that owners hire the “low bid” contractor in addition to minority businesses (DBE, WBE, MBE etc), locals businesses, unions etc.  This project is subject to some of these requirements due to the federal funding.  In an effort to obtain good performing contractors the owner is using a prequalification of a contractor’s process followed by a proposal selection process.  The owner in this project has sent out a request for General Contractor Qualification Information as shown in Figure 1.  This form requests Contractors to demonstrate their ability to perform well on the suggested project through submitting a package including a 25 page qualification statement along with a questionnaire.  Upon receipt of these packages, the owner has set an internal weighted scoring sheet for the CM and several owner personnel directly related to the project. 
 
Figure 2 contains the form sent out to the evaluators.  The evaluation criteria are that each category total must score better than 70% for the contractor to be selected.  The prospective categories are Management Personnel & financial Capability (#1), Technical Capability (#2) and Q/A Programs & Procedures and Safety (#3).
 
The Proposal Process is the next step in the bridge owner’s procurement of a General Contractor.  This process is similar to the prequalification process with the exception that the contractors will propose their ability in a presentation in which a price bid will also be weighted.  Evaluators will score the contractors in a similar method to the prequalification process.  These filter processes are a good method to help eliminate the typical low bid problems of hiring unqualified contractors with poor performance.
 
Figure 1: Request for General Contractor Qualification Information
Figure 2: Questionnaire and Evaluation Form
 
The CM identified three weaknesses in the rating process.  The first is political bias.  There was a large discrepancy in the results of one contractor by one of the evaluators.  This placed the contractor out of the 70% requirement range.  The other five evaluators’ scores were skewed by the one evaluator’s low scores.  In order to get rid of this bias, the authors propose to keep the contractors anonymous to the evaluators and eliminate the highest and lowest scores. 
 
The remaining gaps in the selection process include a lack of a past performance rating system for future selections along with a lack of emphasis on subcontractors.  The performance rating of contractors is a good way to add another filter in the selection process. 
 
The lack of emphasis on subcontractor past performance leaves a large gap in this process.  This project requires above average specialty contractors to perform multiple functions such as Railroad work, Mechanical, Heavy Civil Marine, and Float in/out of a large span within a short period of time.  The General Contractor will clearly require specialty subcontractors to perform these tasks.  Subcontractors were not included in the pre-selection filter process; however the CM will insist they are proposed in the proposal selection process. 
 
The next roadblock in this project is the requirements for specialty work reduced competition.  The qualifications as listed in Figure 1 and include a minimum of 10 years relevant experience in moveable bridges, a minimum of 5 years relevant experience in a Railroad working environment and experience in construction of Railroad Electrification (Catenary) Systems.  This is “specialty work bias” and the process rejects potential competitors.  The owner should allow high performing contractors to have the opportunity to compete.  They can be filtered out in the later stages of selection if they cannot truly perform the work.  The old way of thinking is that you need to have done something before in order to be successful in the future.  The process must be free of bias in order to allow high performing competitors the opportunity.
 
The high usage of minimum standards in the specifications and drawings compromise the overall quality of the project.  During the constructability review the CM identified several instances in which the design appears inadequate and needs to be further questioned/reviewed.  The designer responded that it met the various standards used which were good enough for the owner.  Specific design parameters that are more applicable to what is being built should be utilized within the project.  The owner needs to allow the designer more flexibility in a more robust design or the project will be at minimum quality.
 
The risk allocation in the case project is not clearly defined.  Although the contract is written such that the contractor is responsible for their own quality, there are several inconsistencies in the process that ultimately put the risk back onto the owner.  The specifications should clearly and simply state the contractor’s responsibility in QA/QC on the project.  The contract states the owner and CM representative shall spot check the project throughout construction.  It is all too common for the CM and owner to direct rather than inspect even though the contract states otherwise.  The CM should only document, with the least amount of frequency as required, the quality and production of work.  When inspectors are always present on the project, contractors will continually ask how to do things which puts the risk back on the owner’s side. 
 
 
Rating of the CM’s Proposal/Implementation
 
The student’s understanding of the PIPS concept is rated below (rating 1-10 in parentheses):
  1. The major source of nonperformance was the client's delivery process: (10).
  2. The price based environment forced contractors to maximize risk: (10).
  3. The client was responsible for minimizing risk in the present process (10).
  4. An environment must be created which considers both performance and price (10).
  5. Contractors must be required to do quality control (5).
  6. Contractors hired based on performance can be held accountable (7).
  7. Performing contractors minimize the risk of the client (7).
  8. Construction managers and designers are hired to minimize perceived risk (5).
  9. Understood PIPS, and the steps in PIPS (7).
 
The CM understood that past performance, and the ability to identify, prioritize, and minimize risk was important.  Even though they used nonperformance-based criteria such as a minimum number of years of experience, the CM realized that this was a subjective requirement that should be modified.  The CM also understood that the specialty subcontractors’ performance was key and not included currently, but should be considered in the future. 
 
The authors rate the CM deficient in points 5 through 9, for the following reasons:
  1. The most important factor is to notify the contractors that this will be awarded based on price and performance.  This is not in the initial documents.  The CM does allude that the proposal phase will consider price and performance.  However in the introduction of the project, the CM states that it is difficult to award based on qualifications.  Also, there are some inconsistencies in the proposed process which are explained below.
  2. The CM is using prequalification.  Why should the CM prequalify if the award is based on the best value (price and performance)?  The only time prequalification is used is when the award is based on price.
  3. Why have a proposal phase unless the award is to be based on price and performance?  If it is price based, the contractor has to meet the requirements of the specification.
  4. The CM states that the contractor should do QA/QC.  QA should be done by the CM and QC should be done by the contractor.  QA is nontechnical, and should only be to ensure that the contractor is doing QC.  This is not clearly stated, and shows a lack of understanding of how QA is done.  QC is defined by the contractor if the award is made based on best value and must include any measurements required in the specifications.
  5. When running best value, the specifications using minimum standards are the intent of the owner, and the contractor is responsible to communicate the level of performance of their proposed construction.  Minimum standards are an acceptable way to convey intent.  A performance based contract includes the specifications and contractor’s QC/QA plan and checklist.  If it is a low bid award, then the proposal phase is not needed.
  6. The proposal does not identify the requirements of the CM.  This is a critical omission; if the CM does not have clearly defined requirements then the contractor will be not understand its requirements.
  7. Nowhere in the proposal is there proposed an educational seminar for the contractors.  In ten years of experience in testing the implementation of best value awards, the educational meeting is as critical as any other document or directive in the process.
 
One of the professors who is on site at Arizona State University and who has been in training for the past semester, reviewed the CM’s proposal and failed to identify the above shortcomings.  This confirms the difficulty of taking the PIPS concepts and applying them successfully after only one semester of education.  It also exposes the need to have communications and discussions outside the classroom to ensure the process is implemented correctly.
 
 
Conclusion
 

PBSRG attempted  to transfer the PIPS technology to other universities.  The materials used were a PIPS manual, PowerPoint presentations, and 50% of the classes being taught by the PIPS mentors.  The result, based on exams, quizzes, and papers written in the class, was that the participants understood the general philosophy of PIPS, but may have a difficult time implementation without going through an actual project application.  The case study of a CM implementing the concepts on a project showed misunderstandings of certain basic concepts.  Without having the CM implement and document the implementation, the PIPS mentor would not have known the level of understanding of the CM.  Interestingly, the CM had a detailed listing of the PIPS steps, and showed understanding on the quizzes and exams.  At ASU, there is a follow on course that goes through three case study procurements, from beginning to the end, with the students doing every step.  However, this is still not forcing the student to know how to take a slightly different situation and apply PIPS.  As a result of this research, the following recommendations are made:

 
  1. Students should take a second class which goes through three different case studies.
  2. The PIPS mentors should put all the lectures online, by class, and by subject.
  3. Presentations to clients and contractors will be filmed and put on line, allowing the students to hear frequently asked questions (FAQ).
  4. All students who apply PIPS to projects should be requested to submit a strategic plan, implementation plan and documents to the PIPS mentors.
  5. PIPS instructors should be required to attend training with clients who are testing PIPS. 
 
 
References
 
CIB-Programme Committee (2003) Re-Valuing Construction. CIB 2003 – International Council for Research and Innovation in Building and Construction, Manchester, UK.  Accessed on 5 August 2003.  Url: http://www.revaluing-construction.com/
 
Kashiwagi, Dean T.  Best Value Procurement 2nd ed., Tempe, Arizona, Performance Based Studies Research Group, 2004
 
Green, S.D. (2001) Towards a critical research agenda in construction management, Proceedings of CIB World Building Congress, Performance in Product and Practice, Wellington, New Zealand.
 
Performance Based Studies Research Group (PBSRG), Arizona State University, Arizona. Accessed on December 15, 2004, at URL:http://www.pbsrg.com.
 
Post, Nadine M. (2001) Bumpier Road to Finish Line.  Engineering News-Record (ENR), 246 (19), 56.