---
kind: "section"
citation: "48 C.F.R. § 570.105-2"
title: "48"
number: "570.105-2"
heading: "Criteria for the use of two-phase design-build."
url: "https://uscodex.org/cfr/48/570.105-2"
---

# §570.105-2. Criteria for the use of two-phase design-build.


The contracting officer may use the two-phase design-build selection procedures in [41 U.S.C. 253m](/usc/41/253m.md) for lease construction projects. This includes lease construction projects with options to purchase the real property leased. Use the procedures in [41 U.S.C. 253m](/usc/41/253m.md) and FAR 36.3 when the conditions in (a) and (b) below are met:

- (a) The contracting officer anticipates that the lease will involve the design and construction of a building, facility, or work for lease to the Government.
- (b) The contracting officer determines whether the procedures are appropriate for entering into a lease construction contract based on the following:
  - (1) **The contracting officer expects to receive three or more offers.**
  - (2) Offerors will need to perform design work before developing a price.
  - (3) Offerors will incur a substantial amount of expense in preparing offers.
  - (4) **The contracting officer considers criteria such as the following—**
    - (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 past performance of potential contractors.**
    - (v) **The suitability of the project for use of the two-phase selection procedures.**
    - (vi) **The capability of the agency to manage the two-phase selection process.**
    - (vii) **Other criteria established by the HCA.**
- (c) See 570.305 for additional information.

## Notes

### Amendments

[64 FR 37265, July 9, 1999, as amended at 76 FR 30849, May 27, 2011]

### Authority

Authority: 40 U.S.C. 121(c).

### Source

Source: 64 FR 37265, July 9, 1999, unless otherwise noted.

### Amendments

[64 FR 37265, July 9, 1999, as amended at 76 FR 30849, May 27, 2011]