Subpart 36.3
Two-Phase Design-Build Selection Procedures
FAR Subpart 36.3 provides a structured, two-phase process for selecting design-build contractors, streamlining complex construction procurements while ensuring fair competition.
Overview
FAR Subpart 36.3 establishes the procedures for using two-phase design-build selection in federal construction contracting. This method allows agencies to combine design and construction services into a single contract, using a structured two-phase process to select the most qualified contractor. The subpart outlines when and how to use this approach, the requirements for defining the scope of work, and the step-by-step procedures contracting officers must follow. The goal is to streamline project delivery, encourage innovation, and ensure fair competition among qualified firms.
Key Rules
- Use of Two-Phase Design-Build Selection
- Agencies may use this method when it is advantageous to combine design and construction, particularly for complex projects where design solutions are not fully defined at the outset.
- Scope of Work
- The solicitation must clearly define the project's requirements, performance criteria, and evaluation factors for both phases.
- Procedures
- The process involves an initial phase to evaluate qualifications and a second phase to assess technical and price proposals from selected offerors.
Responsibilities
- Contracting Officers: Must determine when two-phase selection is appropriate, prepare clear solicitations, and follow prescribed evaluation procedures.
- Contractors: Must submit qualifications and proposals as required in each phase, adhering to all submission guidelines.
- Agencies: Oversee the process to ensure compliance, transparency, and fair competition.
Practical Implications
- This subpart provides a flexible, efficient way to procure complex construction projects, reducing risk and fostering innovation. Contractors must be prepared for a competitive, multi-stage selection process. Common pitfalls include unclear scope definitions and failure to follow the phased evaluation process.