36.303
Procedures
FAR 36.303 establishes a flexible, two-phase solicitation and evaluation process for design-build contracts, culminating in a single award through competitive negotiation.
Overview
FAR 36.303 outlines the procedures for conducting two-phase design-build selection in federal contracting. It allows agencies to issue either a single solicitation covering both phases or two separate solicitations in sequence. The process involves evaluating proposals in Phase One to select offerors who will advance to Phase Two, where final proposals are submitted. Ultimately, one contract is awarded through competitive negotiation based on the evaluation of Phase Two proposals.
Key Rules
- Solicitation Flexibility
- Agencies may use one combined solicitation for both phases or separate solicitations for each phase.
- Two-Phase Evaluation
- Phase One proposals are evaluated to shortlist offerors for Phase Two.
- Competitive Negotiation
- The final contract is awarded using competitive negotiation after Phase Two.
Responsibilities
- Contracting Officers: Must determine the appropriate solicitation approach, conduct phased evaluations, and ensure competitive negotiation.
- Contractors: Must submit proposals according to the phase structure and comply with all solicitation requirements.
- Agencies: Oversee the integrity and fairness of the two-phase process.
Practical Implications
- This section provides flexibility in how solicitations are structured for design-build projects, allowing agencies to tailor the process to project needs.
- Contractors must be prepared for a phased evaluation process and understand that only selected offerors from Phase One will compete in Phase Two.
- Common pitfalls include misunderstanding the phased process or missing requirements in either phase, which can lead to disqualification.