36.303-1
Phase One
Phase One of two-phase design-build selection evaluates offerors solely on qualifications and technical approach, with strict limits on advancing offerors and no cost or price considerations.
Overview
FAR 36.303-1 outlines the requirements for Phase One of the two-phase design-build selection procedures. This phase focuses on evaluating offerors based on qualifications and technical approach, without considering cost or price factors. The solicitation must specify the scope of work, phase-one and phase-two evaluation factors, and the maximum number of offerors (generally not more than five) who will be invited to submit phase-two proposals. If more than five offerors are to be selected, a documented determination is required, with additional approval for acquisitions over $4.5 million. After evaluation, only the most highly qualified offerors are invited to proceed to Phase Two.
Key Rules
- Solicitation Content
- Phase One solicitations must include the scope of work, evaluation factors for both phases, and the maximum number of offerors to advance.
- Evaluation Factors
- Phase One evaluation focuses on technical approach, qualifications, and past performance—cost or price is excluded.
- Limitation on Offerors
- No more than five offerors may advance to Phase Two unless justified and documented; higher-level approval is needed for larger acquisitions.
- Selection Process
- Only the most highly qualified offerors, up to the specified maximum, are invited to submit Phase Two proposals.
Responsibilities
- Contracting Officers: Prepare compliant solicitations, document and approve exceptions, evaluate proposals, and select offerors for Phase Two.
- Contractors: Submit proposals focused on technical qualifications and approach, not cost or price.
- Agencies: Approve and document exceptions for exceeding five offerors, especially for acquisitions over $4.5 million.
Practical Implications
- Ensures a qualifications-based selection process in Phase One, reducing proposal costs for offerors and administrative burden for agencies.
- Contractors must focus on demonstrating technical competence and relevant experience.
- Failure to comply with offeror limits or documentation requirements can result in protest or procurement delays.