---
kind: "section"
citation: "13 C.F.R. § 305.6"
title: "13"
number: "305.6"
heading: "Allowable methods of procurement for construction services."
url: "https://uscodex.org/cfr/13/305.6"
---

# §305.6. Allowable methods of procurement for construction services.

- (a) Recipients shall seek EDA's prior written approval to use alternate construction procurement methods to the traditional design/bid/build procedures (including lump sum or unit price-type construction contracts). These alternate methods may include design/build, construction management at risk, and force account. If an alternate method is used, the Recipient shall submit to EDA for approval a construction services procurement plan and the Recipient must use a design professional to oversee the process. The Recipient shall submit the plan to EDA prior to advertisement for bids and shall include the following, as applicable:
  - (1) Justification for the proposed method for procurement of construction services, including a brief analysis of the appropriateness and benefits of using the method to successfully execute the Project and the Recipient's experience in using the method;
  - (2) The scope of work with cost estimates and schedules;
  - (3) A copy of the proposed construction contract;
  - (4) The name and qualifications of the selected design professional; and
  - (5) **Procedures to be used to ensure full and open competition, including the selection criteria.**
- (b) For all procurement methods, the Recipient must comply with the procedures and standards set forth in [2 CFR part 200](/cfr/2/part200.md).

## Notes

### Amendments

[71 FR 56675, Sept. 27, 2006, as amended at 73 FR 62866, Oct. 22, 2008; 79 FR 76131, Dec. 19, 2014; 82 FR 57054, Dec. 1, 2017]

### Authority

Authority: 42 U.S.C. 3211; 42 U.S.C. 3141; Department of Commerce Organization Order 10-4.

### Source

Source: 71 FR 56675, Sept. 27, 2006, unless otherwise noted.

### Amendments

[71 FR 56675, Sept. 27, 2006, as amended at 73 FR 62866, Oct. 22, 2008; 79 FR 76131, Dec. 19, 2014; 82 FR 57054, Dec. 1, 2017]