FAR 36.300—Scope of subpart.
Plain-English Summary
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.
Key Rules
Subpart covers design-build procedures
This subpart is limited to policies and procedures for design-build acquisitions. It does not establish general construction rules; it specifically addresses the two-phase selection method used for design-build contracts.
Two-phase selection is the focus
The section makes clear that the subpart is about the two-phase design-build selection process. That means the procedures are intended for acquisitions where the Government first narrows the field and then evaluates more detailed proposals from selected offerors.
Statutory authority controls
The subpart implements the authority granted by 10 U.S.C. 3241 and 41 U.S.C. 3309. Those statutes provide the legal basis for using two-phase design-build selection procedures in covered procurements.
Applies to covered acquisitions
The scope statement indicates that the subpart is meant for acquisitions where design-build selection procedures are appropriate and authorized. Contracting personnel must therefore confirm that the procurement fits within the statutory and regulatory framework before using these procedures.
Responsibilities
Contracting Officer
Determine whether the acquisition is a design-build procurement covered by this subpart and use the two-phase selection procedures only when authorized by the governing statutes and FAR subpart.
Agency
Ensure its procurement policies and project planning support use of the design-build procedures where appropriate and consistent with statutory authority.
Offerors/Contractors
Understand that competitions under this subpart will follow a two-phase design-build process and prepare submissions accordingly, with initial qualifications or phase-one information followed by more detailed phase-two proposals if selected.
Practical Implications
This section is a gateway provision: it tells users when to look to the design-build subpart for procurement guidance, but it does not itself provide the detailed steps.
A common pitfall is treating design-build like a standard construction procurement; the two-phase process has different evaluation and selection mechanics.
Contracting officers should verify statutory authority and acquisition strategy before relying on these procedures, especially for projects that may not fit design-build.
Offerors should expect an initial screening phase and should not assume they can submit a full technical proposal at the outset unless the solicitation says so.
Because the section is only a scope statement, users must read the rest of the subpart for the actual rules on phase-one and phase-two procedures, evaluation factors, and selection requirements.
Official Regulatory Text
This subpart prescribes policies and procedures for the use of the two-phase design-build selection procedures authorized by 10 U.S.C. 3241 and 41 U.S.C. 3309 .