U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            FAR
                            Subpart 36.3 - Two-Phase Design-Build Selection Procedures
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
PartPart 1Part 2Part 3Part 4Part 5Part 6Part 7Part 8Part 9Part 10Part 11Part 12Part 13Part 14Part 15Part 16Part 17Part 18Part 19Part 20Part 21Part 22Part 23Part 24Part 25Part 26Part 27Part 28Part 29Part 30Part 31Part 32Part 33Part 34Part 35Part 36Part 37Part 38Part 39Part 40Part 41Part 42Part 43Part 44Part 45Part 46Part 47Part 48Part 49Part 50Part 51Part 52Part 53
Subpart36.036.136.236.336.536.636.7
Section36.30036.30136.30236.303
Leave this field blank
        
                  

                                
                  
        « PreviousNext »
Subpart 36.3 - Two-Phase Design-Build Selection ProceduresSubpart 36.3 - Two-Phase Design-Build Selection Procedures    **Parent topic:**  Part 36 - Construction and Architect-Engineer Contracts36.300 Scope of subpart.       This subpart prescribes policies and procedures for the use of the two-phase design-build selection procedures authorized by                   10 U.S.C. 3241                              and   41 U.S.C.3309.36.301 Use of two-phase design-build selection procedures.       (a) 						            During formal or informal acquisition planning (see  part  7), if considering the use of two-phase design-build selection procedures, the contracting officer shall conduct the evaluation in paragraph (b) of this section.                                          (b) 						            The two-phase design-build selection procedures shall be used when the contracting officer determines that this method is appropriate, based on the following:                                                         (1) 								                Three or more offers are anticipated.                                                            (2) 								                Design work must be performed by offerors before developing price or cost proposals, and offerors will incur a substantial amount of expense in preparing offers.                                                            (3) 								                The following criteria have been considered:                                                                           (i) 										                    The extent to which the project requirements have been adequately defined.                                                                              (ii) 										                    The time constraints for delivery of the project.                                                                              (iii) 										                    The capability and experience of potential contractors.                                                                              (iv) 										                    The suitability of the project for use of the two-phase selection method.                                                                              (v) 										                    The capability of the agency to manage the two-phase selection process.                                                                              (vi) 										                    Other criteria established by the head of the contracting activity.36.302 Scope of work.       The agency shall develop, either in-house or by contract, a scope of work that defines the project and states the Government’s requirements. The scope of work may include criteria and preliminary design, budget parameters, and schedule or delivery requirements. If the agency contracts for development of the scope of work, the procedures in  subpart  36.6 shall be used.36.303 Procedures.       One solicitation may be issued covering both phases, or two solicitations may be issued in sequence. Proposals will be evaluated in Phase One to determine which offerors will submit proposals for Phase Two. One contract will be awarded using competitive negotiation.    36.303-1 Phase One.       (a) 						             Phase One of the solicitation(s) shall include-                                                         (1) 								                 The scope of work;                                                            (2) 								                 The phase-one evaluation factors, including-                                                                           (i) 										                     Technical approach (but not detailed design or technical information);                                                                              (ii) 										                     Technical qualifications, such as-                                                                                             (A) 												                         Specialized experience and technical competence;                                                                                                (B) 												                         Capability to perform;                                                                                                (C) 												                         Past performance of the offeror’s team (including the architect-engineer and construction members); and                                                                                                                                         (iii) 										                     Other appropriate factors (excluding cost or price related factors, which are not permitted in Phase One);                                                                                                           (3) 								                 Phase-two evaluation factors (see  36.303-2); and                                                            (4) 								                 A statement of the maximum number of offerors that will be selected to submit phase-two proposals. The maximum number specified in the solicitation shall not exceed five unless the contracting officer determines, for that particular solicitation, that a number greater than five is in the Government's interest and is consistent with the purposes and objectives of the two-phase design-build selection procedures. The contracting officer shall document this determination in the contract file. For acquisitions greater than  									$4.5 million, 								 the determination shall be approved by the head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity. In civilian agencies, for paragraph (a)(4) of this section, the senior contracting official is the advocate for competition for the procuring activity, unless the agency designates a different position in agency procedures. The approval shall be documented in the contract file.                                                                             (b) 						             After evaluating phase-one proposals, the contracting officer shall select the most highly qualified offerors (not to exceed the maximum number specified in the solicitation in accordance with  36.303-1(a)(4)) and request that only those offerors submit phase-two proposals.36.303-2 Phase Two.       (a) 						            Phase Two of the solicitation(s) shall be prepared in accordance with  part  15, and include phase-two evaluation factors, developed in accordance with  15.304. Examples of potential phase-two technical evaluation factors include design concepts, management approach, key personnel, and proposed technical solutions.                                          (b) 						            Phase Two of the solicitation(s) shall require submission of technical and price proposals, which shall be evaluated separately, in accordance with  part  15.
« PreviousNext »
FavoriteX

      Far Parts
            Regulations FAR Menu
  

        
      Index
                              List of Sections Affected
                              DOD Deviations
                              CAAC Deviations
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              12
                              13
                              14
                              15
                              16
                              17
                              18
                              19
                              20
                              21
                              22
                              23
                              24
                              25
                              26
                              27
                              28
                              29
                              30
                              31
                              32
                              33
                              34
                              35
                              36
                              37
                              38
                              39
                              40
                              41
                              42
                              43
                              44
                              45
                              46
                              47
                              48
                              49
                              50
                              51
                              52
                              53
                              Chapter 99 (CAS)Definitions
    Toggle
FAC Changes
    Toggle
Style Formatter
    Toggle

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt