FAR 36.303—Procedures.
Plain-English Summary
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.
Key Rules
One or two solicitations
The agency may use a single solicitation for both phases or issue two solicitations in sequence. The chosen structure must still support the two-phase selection process and clearly tell offerors how the acquisition will proceed.
Phase One screening
Proposals received in Phase One are evaluated to determine which offerors will be allowed to submit Phase Two proposals. This phase is a gatekeeping step, not the final award decision.
Limited Phase Two competition
Only the offerors selected from Phase One move on to submit Phase Two proposals. This narrows the field to those judged most qualified under the Phase One evaluation criteria.
Single contract award
The process results in one contract award. The agency is not making multiple awards under this procedure; it is selecting one successful offeror through the two-phase process.
Competitive negotiation
The award is made using competitive negotiation rather than sealed bidding. This means the agency evaluates proposals and selects the contractor through negotiated competition, consistent with the design-build process.
Responsibilities
Contracting Officer
Structure the acquisition as either one solicitation or two sequential solicitations, establish and apply Phase One evaluation procedures, identify which offerors advance to Phase Two, and conduct the competitive negotiation process leading to a single contract award.
Offerors/Contractors
Submit a strong Phase One proposal that addresses the stated evaluation factors, understand that only selected firms may proceed to Phase Two, and if selected, prepare a responsive Phase Two proposal for final competition.
Agency
Choose the solicitation approach that best fits the acquisition, ensure the two-phase process is administered fairly and consistently, and support the evaluation and award process so the government can select one contractor.
Practical Implications
Contractors should treat Phase One as a real competition, because failing to perform well there means no opportunity to submit a full Phase Two proposal.
Contracting officers must make the Phase One/Phase Two structure clear in the solicitation so offerors understand when and how they may compete.
A common pitfall is assuming all interested firms will get to submit final proposals; this section allows the agency to narrow the field before Phase Two.
Because the award is made through competitive negotiation, agencies need evaluation criteria and selection procedures that are transparent, defensible, and consistently applied.
For design-build acquisitions, this procedure helps reduce proposal costs and focus effort on the most qualified firms, but only if the agency manages the transition between phases carefully.
Official Regulatory Text
One solicitation may be issued covering both phases, or two solicitations may be issued in sequence. Proposals will be evaluated in Phase One to determine which offerors will submit proposals for Phase Two. One contract will be awarded using competitive negotiation.