Bus shelter contract award in New York City being challenged in court

Posted on August 24, 2006 by David Gehrig

New York City recently awarded a contract for the installation of bus shelters, newsstands and toilets to Cemusa, a Spanish company, under which the City will receive over $1 billion in revenue over 20 years.  Two unsuccessful proposers, NBC Decaux and Clear Channel Communications, have sued to challenge the award, however.  They argue that the City unfairly coached Cemusa to revise its proposal during the negotiation process.  The City has been attempting unsuccessfully to improve its street furniture for approximately 30 years.  Click here for a link to a UPI article summarizing the issues.  

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Building Information Modeling: computer technology which could transform the construction process

Posted on August 21, 2006 by Howard Ashcraft

Building Information Modeling (BIM) utilizes computer technology to represent building structures and systems in terms of functional, as well as graphical attributes.  This technology may some day change the nature of collaboration between design professionals and contractors on construction projects.  This article examines the benefits and challenges of implementing Building Information Modeling.  Click here for the full article in adobe PDF format.

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California Supreme Court provides definitive guidance as to when public entities must disclose competitive proposals pursuant to Public Records Act request

Posted on August 17, 2006 by David Gehrig
     On June 22, 2006, the California Supreme Court issued its decision in Michaelis v. Superior Court of Los Angeles County (2005) 127 Cal.App.4th 1298, clarifying when a public entity must disclose competitive proposals submitted in response to a Request for Proposal (“RFP”), that are requested pursuant to the Public Records Act (“PRA”). In short, such proposals are exempt from disclosure until the negotiation process is concluded, but must be disclosed prior to a public entity’s final decision on a contract award with sufficient time to allow the public to scrutinize and protest the proposed award. The decision provides definitive guidance applicable to all manner of proposals submitted to public entities that utilize a negotiation process, including proposals for construction related-services such as architectural, engineering, surveying and construction management services. Continue Reading...
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