Proposals Revisions and BAFOs: How to Avoid Them and How to Administer Them

Recorded On: 03/18/2025

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CONTENT EXPIRES: December 31, 2027 

Today's transportation infrastructure market is frequently producing proposal prices in excess of owner expectations and even financing capabilities. These can result in project delays, cancellations, and proposal revisions/BAFOs. This presentation will look at what is causing the price increases, what options there are that can help avoid the need for proposal revisions, how to navigate the federal legal framework associated with using proposal revisions, and what both owners and design-builders can do to avoid proposal revisions and administer them when they are used.

Edmund Caplicki

Partner

Evan Caplicki is an attorney who guides public agencies through all stages of innovative transportation infrastructure project development – from delivery option selection through procurement and contracting, to contract administration and claims resolution. Evan is also very active in the DBIA, currently serving on the Transportation and Contracts committees and having chaired the Legal and Legislative Committee, co-chaired several of the group’s transportation conferences, and taught courses on contracts and risk management.

Evan Eisland

Executive Vice President, General Counsel and Secretary

MTA Construction and Development

Shailendra G. Patel, P.E., FDBIA

State APD Engineer, Alternative Project Delivery Division Administrator

Virginia Department of Transportation

Shailendra G. Patel, P.E., FDBIA is the Division Administrator for the Alternate Project Delivery Division at VDOT and is responsible for developing and implementing the Department’s policy on procurement and execution of their design-build program. He holds a bachelor’s degree in civil engineering with major in structural engineering and master’s degree in business administration. He has more than 30 years of experience working in the design and construction of commercial and transportation projects.

David Pupkiewicz, FDBIA

Vice President Business Development-SE

Flatiron Dragados

As Vice President Business Development for Flatiron Dragados, Dave’s role encompasses team formation, agreement negotiation, and owner interaction for Alternative Delivery infrastructure projects. He has over 35 years of experience with his primary focus on alternative project delivery. His experience spans numerous market sectors including transportation, water and wastewater, and government facilities. He has been recognized with Fellow status as a DBIA Designated Design-Build Professional and has served in leadership roles for several associations.

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Open to view video.  |  64 minutes
Open to view video.  |  64 minutes
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1.00 CEH credit  |  Certificate available