§236.303-1. Phase One.
48 C.F.R. § 236.303-1
In lieu of the limitations on the maximum number of offerors that may be selected to submit phase-two proposals at FAR 36.303-1(a)(4), for DoD—
If the contract value exceeds $5.5 million, the maximum number of offerors specified in the solicitation that are to be selected to submit phase-two proposals shall not exceed five, unless—
The solicitation is issued for an indefinite-delivery indefinite-quantity contract for design-build construction; or
The head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity, approves the contracting officer's decision with respect to an individual solicitation, that a maximum number greater than five is in the best interest of the Government and is consistent with the purposes and objectives of the two-phase selection procedures. The decision shall be documented in the contract file (10 U.S.C. 3241(d)).
If the contract value is at or below $5.5 million, the maximum number of offerors specified in the solicitation that are to be selected to submit phase-two proposals is at the discretion of the contracting officer.
Notes, amendments, and revision history
Amendments
[84 FR 4373, Feb. 15, 2019, as amended at 85 FR 61504, Sept. 29, 2020; 87 FR 76995, Dec. 16, 2022; 90 FR 41486, Aug. 25, 2025]
Source
Source: 84 FR 4373, Feb. 15, 2019, unless otherwise noted.
Authority
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
Source
Source: 56 FR 36421, July 31, 1991, unless otherwise noted.
Amendments
[84 FR 4373, Feb. 15, 2019, as amended at 85 FR 61504, Sept. 29, 2020; 87 FR 76995, Dec. 16, 2022; 90 FR 41486, Aug. 25, 2025]