SpendQueryBeta

FAR and DFARS › DFARS Part 236: Construction and Architect-engineer Contracts › Subpart 236.3

DFARS 236.303-1 Phase One.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This DFARS section changes the FAR rule for the maximum number of offerors that can be selected to submit phase-two proposals in two-phase design-build construction for DoD. For contracts over $5.5 million, the maximum is generally five unless an exception applies; for contracts at or below $5.5 million, the contracting officer decides the maximum.

Applies to: DoD two-phase design-build construction solicitations

What it requires

  • For contracts over $5.5 million, limit the number of offerors selected for phase-two proposals to no more than five, unless an exception applies.
  • If seeking a higher maximum, obtain approval from the head of the contracting activity (delegable no lower than the senior contracting official) and document the decision in the contract file.

Key terms: phase-two proposals · contract value · indefinite-delivery indefinite-quantity contract · design-build construction · head of the contracting activity

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a)(4) In lieu of the limitations on the maximum number of offerors that may be selected to submit phase-two proposals at FAR 36.303-1(a)(4), for DoD—

(i) If the contract value exceeds $5.5 million, the maximum number of offerors specified in the solicitation that are to be selected to submit phase-two proposals shall not exceed five, unless—

(A) The solicitation is issued for an indefinite-delivery indefinite-quantity contract for design-build construction; or

(B) The head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity, approves the contracting officer's decision with respect to an individual solicitation, that a maximum number greater than five is in the best interest of the Government and is consistent with the purposes and objectives of the two-phase selection procedures. The decision shall be documented in the contract file (10 U.S.C. 3241(d)).

(ii) If the contract value is at or below $5.5 million, the maximum number of offerors specified in the solicitation that are to be selected to submit phase-two proposals is at the discretion of the contracting officer.

Sections it refers to

← 236.275 Construction of industrial resources. · 236.570 Additional provisions and clauses. →

Rule changes for DFARS Part 236

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 236.303-1 Phase One · SpendQuery