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FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.3

FAR 36.301 Use of two-phase design-build selection procedures.

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 section tells contracting officers when they may or must use two-phase design-build selection procedures. It requires the contracting officer to evaluate certain conditions, such as anticipating three or more offers and that offerors will incur substantial expense preparing proposals. If the conditions are met, the two-phase method is used.

Applies to: Contracting officers considering two-phase design-build selection procedures

What it requires

  • During acquisition planning, conduct the evaluation in paragraph (b) if considering two-phase design-build selection procedures.
  • Use two-phase design-build selection procedures when the contracting officer determines it is appropriate based on the listed conditions.

Key terms: two-phase design-build selection procedures · contracting officer · acquisition planning · offers · design work

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

The text

(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.

← 36.300 Scope of subpart. · 36.302 Scope of work. →

Rule changes for FAR Part 36

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

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