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The NACG AAP clearly distinguishes between the “project owner” as the client for the performance of alliance Works and the “owner participant” when the company presents itself as one of the participants in the alliance. 59 There is a finding and a finding that (1) this type of contract is probably less expensive than any other species; or (2) it is not practical to obtain supplies or services of a species or of a necessary quality without the use of this type of contract. Most construction products do not meet these requirements and are rarely used. However, the coupling of the anti-edence law and this restriction may prevent an agency from following the path of reviewing an alliance agreement. Joint management and unanimous decision challenge another cornerstone of cooperation, joint management and unanimous decision-making in the public sector. Agencies generally have contract agents and the big question is whether they can act in an environment where decisions are made unanimously by those who would normally be independent contractors with the government. Challenges to meet/meet Although the above challenges indicate that outright alliance contracts are not feasible for the U.S. public sector market, there are several strategies that an agency can use to mitigate or overcome these challenges. The most effective way is for a state to pay for specific enabling laws that evoke all the nuances associated with making alliances.

This was done for DB and CMGC, and finally for P3. In the early 1990s, each of these delivery systems was almost insurmountable barriers for federal and regional procurement and procurement authorities. However, Parliament has come to recognize that these deliv-ery systems offer some significant advantages over the status quo, and have been adopted by laws and regulations to facilitate their implementation. There is no reason to believe that the same thing would not happen with the use of the alliance if and/or if someone at the top at the federal or regional level decides that it is a delivery system that must be placed in the “tool belt” of an agency. an interested agency could commit to developing a pilot program to test the use of alliancing for a given group of projects and evaluate the results analytically. While specific legislation is the most effective solution, state DOTs may be able to use some form of alliancing as part of the Special Experimental Project No. 14 Alternative Con- tracting (SEP-14) or Special Experimental Project No. 15 (SEP-15) to explore alternative and innovative approaches to the overall development process of the project. There is no indication that this was attempted at the time of this synthesis.

However, it is reasonable to think that the Sep-14 and Sep-15 lens would be useful in allowing an agency to use alliancing for a given project. Although the insurance industry has tried to address this issue, one of the problems is that the possibilities for alliance contracts have so far been limited. The literature does not specifically describe how professional liability insurance is treated in Australia and New Zealand, but it has been reported that some of the larger airlines offer corrective solutions for DPI projects in the United States.