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

FAR 36.303-1 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 section describes what a two-phase design-build solicitation must contain in Phase One and how the contracting officer selects offerors to continue. Phase One focuses on qualifications and technical approach, not cost or price, and the solicitation must state the maximum number of offerors who will be invited to submit Phase Two proposals. After evaluating Phase One, the contracting officer selects the most highly qualified offerors, up to that stated maximum, and only those offerors are asked to submit Phase Two proposals.

Applies to: Two-phase design-build acquisitions and the contracting officer administering them

What it requires

  • Include the scope of work in the Phase One solicitation
  • Include Phase One evaluation factors covering technical approach, technical qualifications, and other appropriate factors, but excluding cost or price related factors
  • Include Phase Two evaluation factors in the Phase One solicitation
  • State the maximum number of offerors to be selected for Phase Two proposals

Key terms: Phase One · Phase Two · scope of work · technical approach · technical qualifications

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

The text

(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 $5.5 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 this paragraph (a)(4), 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.

Sections it refers to

Sections that refer to it

← 36.303 Procedures. · 36.303-2 Phase Two. →

Rule changes for FAR Part 36

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

FAR 36.303-1 Phase One · SpendQuery