FAR 36.3—Subpart 36.3

Scope of subpart.

FAR 36.300 is the scope statement for the design-build subpart in FAR Part 36. It tells readers that this subpart exists to prescribe the policies and procedures for using the two-phase design-build selection procedures authorized by 10 U.S.C. 3241 and 41 U.S.C. 3309. In practical terms, it signals that the rules in the subpart are not general construction procurement guidance, but a specific framework for selecting design-build contractors through a two-step competition. The section does not itself describe the mechanics of the process; instead, it defines the subject matter and legal authority for the subpart that follows. For contracting officers and offerors, this matters because it identifies when the special design-build procedures apply and anchors those procedures in statute. It also helps distinguish design-build source selection from other acquisition methods, such as traditional design-bid-build or other negotiated procurement approaches.

Use of two-phase design-build selection procedures.

FAR 36.301 explains when a contracting officer should use the two-phase design-build selection procedure during acquisition planning and what factors must be evaluated before choosing it. The section covers the planning-stage decision to consider two-phase design-build, the threshold condition that three or more offers are anticipated, the requirement that offerors must do substantial design work before pricing, and the specific criteria that must be weighed in deciding whether the method is appropriate. Those criteria include how well the project requirements are defined, the project’s delivery schedule, the capability and experience of potential contractors, whether the project is suitable for two-phase selection, the agency’s ability to manage the process, and any additional criteria set by the head of the contracting activity. In practice, this section is meant to help agencies decide whether the two-phase approach will improve competition, reduce wasted proposal effort, and better match contractor qualifications to complex design-build needs. It also creates a disciplined record for why the method was selected, which is important for acquisition planning, source selection integrity, and later review of the procurement strategy.

Scope of work.

FAR 36.302 addresses how the Government must develop the scope of work for a construction project and what that scope should contain. It explains that the agency must prepare the scope of work either internally or by using a contractor, and that the scope must define the project and state the Government’s requirements. It also identifies common content that may be included in the scope of work, such as criteria, preliminary design information, budget parameters, and schedule or delivery requirements. The section further points to subpart 36.6 when the agency contracts out the development of the scope of work, which means the normal architect-engineer procurement procedures apply in that situation. In practice, this section matters because a clear, complete scope of work is the foundation for sound competition, accurate pricing, manageable contract administration, and reduced risk of disputes, change orders, and performance problems.

Procedures.

FAR 36.303 describes the basic procedures for using the two-phase design-build selection method in federal construction contracting. It addresses how the solicitation may be structured, including whether the agency issues one solicitation covering both phases or two separate solicitations in sequence, how Phase One proposals are evaluated to identify which offerors move forward to Phase Two, and the fact that the process results in one contract award through competitive negotiation. In practice, this section is about managing competition efficiently: the government first screens offerors on qualifications and other Phase One factors, then invites only the most suitable firms to submit full Phase Two proposals. The purpose is to reduce proposal burden, improve the quality of final proposals, and help the agency select the best value design-build contractor. For contractors, this section signals that not every interested firm will get to submit a full proposal, so early-phase responsiveness and qualification are critical. For contracting officers, it establishes the framework for structuring the acquisition and controlling the transition from initial screening to final award.