36.303-2 Phase Two
Source: FAR 36.303-2 on acquisition.gov
Phase Two of design-build selection requires separate technical and price proposals, evaluated independently under FAR Part 15, with clear evaluation factors.
Overview
FAR 36.303-2 outlines the requirements for Phase Two of the two-phase design-build selection procedures. During this phase, solicitations must be prepared in accordance with FAR Part 15 (Contracting by Negotiation) and must include specific evaluation factors as developed under FAR 15.304. These factors typically address technical aspects such as design concepts, management approach, key personnel, and proposed technical solutions. Additionally, Phase Two requires the submission of both technical and price proposals, which must be evaluated separately, ensuring a fair and transparent selection process.
Key Rules
- Solicitation Preparation
- Phase Two solicitations must follow FAR Part 15 procedures and include evaluation factors per FAR 15.304.
- Evaluation Factors
- Technical evaluation factors may include design concepts, management approach, key personnel, and technical solutions.
- Proposal Submission and Evaluation
- Contractors must submit both technical and price proposals, which are to be evaluated independently.
Responsibilities
- Contracting Officers: Must prepare Phase Two solicitations per FAR Part 15, develop appropriate evaluation factors, and ensure separate evaluation of technical and price proposals.
- Contractors: Must submit comprehensive technical and price proposals addressing all specified evaluation factors.
- Agencies: Must oversee compliance with solicitation and evaluation procedures to ensure fairness and transparency.
Practical Implications
- This section ensures a structured, competitive process for design-build contracts, emphasizing both technical merit and price.
- Contractors must be diligent in addressing all evaluation factors and preparing distinct technical and price proposals.
- Common pitfalls include failing to separate technical and price proposals or not aligning submissions with the specified evaluation criteria.
(a) Phase Two of the solicitation(s) shall be prepared in accordance with part 15, and include phase-two evaluation factors, developed in accordance with 15.304. Examples of potential phase-two technical evaluation factors include design concepts, management approach, key personnel, and proposed technical solutions.
(b) Phase Two of the solicitation(s) shall require submission of technical and price proposals, which shall be evaluated separately, in accordance with part 15.