---
kind: "section"
citation: "48 C.F.R. § 36.301"
title: "48"
number: "36.301"
heading: "Use of two-phase design-build selection procedures."
url: "https://uscodex.org/cfr/48/36.301"
---

# §36.301. Use of two-phase design-build selection procedures.

- (a) During formal or informal acquisition planning (see [part 7](/cfr/48/part7.md)), if considering the use of two-phase design-build selection procedures, the contracting officer shall conduct the evaluation in [paragraph (b)](#b) of this section.
- (b) The two-phase design-build selection procedures shall be used when the contracting officer determines that this method is appropriate, based on the following:
  - (1) **Three or more offers are anticipated.**
  - (2) Design work must be performed by offerors before developing price or cost proposals, and offerors will incur a substantial amount of expense in preparing offers.
  - (3) **The following criteria have been considered—**
    - (i) **The extent to which the project requirements have been adequately defined.**
    - (ii) **The time constraints for delivery of the project.**
    - (iii) **The capability and experience of potential contractors.**
    - (iv) **The suitability of the project for use of the two-phase selection method.**
    - (v) **The capability of the agency to manage the two-phase selection process.**
    - (vi) **Other criteria established by the head of the contracting activity.**

## Notes

### Source

Source: 62 FR 272, Jan. 2, 1997, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42356, Sept. 19, 1983, unless otherwise noted.