---
kind: "section"
citation: "23 C.F.R. § 636.210"
title: "23"
number: "636.210"
heading: "What requirements apply to projects which use the modified design-build procedure?"
url: "https://uscodex.org/cfr/23/636.210"
---

# §636.210. What requirements apply to projects which use the modified design-build procedure?

- (a) Modified design-build selection procedures (lowest price technically acceptable source selection process) may be used for any project.
- (b) The solicitation must clearly state the following:
  - (1) The identification of evaluation factors and significant subfactors that establish the requirements of acceptability.
  - (2) That award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.
- (c) The contracting agency may forgo a short listing process and advertise for the receipt of proposals from all responsible offerors. The contract is then awarded to the lowest responsive bidder.
- (d) Tradeoffs are not permitted, however, you may incorporate cost-plus-time bidding procedures (A + B bidding), lane rental, or other cost-based provisions in such contracts.
- (e) **Proposals are evaluated for acceptability but not ranked using the non-cost/price factors.**
- (f) Exchanges may occur (see [subpart D](/cfr/23/subpartD.md) of this part).

## 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.