---
kind: "section"
citation: "23 C.F.R. § 636.202"
title: "23"
number: "636.202"
heading: "When are two-phase design-build selection procedures appropriate?"
url: "https://uscodex.org/cfr/23/636.202"
---

# §636.202. When are two-phase design-build selection procedures appropriate?


You may consider the following criteria in deciding whether two-phase selection procedures are appropriate. A negative response may indicate that two-phase selection procedures are not appropriate.

- (a) Are three or more offers anticipated?
- (b) Will offerors be expected to perform substantial design work before developing price proposals?
- (c) Will offerors incur a substantial expense in preparing proposals?
- (d) **Have you identified and analyzed other contributing factors, including—**
  - (1) The extent to which you have defined the project requirements?
  - (2) The time constraints for delivery of the project?
  - (3) The capability and experience of potential contractors?
  - (4) Your capability to manage the two-phase selection process?
  - (5) Other criteria that you may consider appropriate?

## Notes

### Authority

Authority: Sec. 1503 of Pub. L. 109-59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b).

### Source

Source: 67 FR 75926, Dec. 10, 2002, unless otherwise noted.