Title 23, Part 636 — Design-build Contracting

What does this part do?

Does this part apply to me?

What are the definitions of terms used in this part?

Does this part apply to all Federal-aid design-build projects?

Is the FHWA requiring the use of design-build?

[Reserved]

May contracting agencies use geographic preference in Federal-aid design-build or public-private partnership projects?

[Reserved]

How does the NEPA process relate to the design-build procurement process?

What procedures may be used for solicitations and receipt of proposals?

Can oral presentations be used during the procurement process?

May stipends be used?

Is the stipend amount eligible for Federal participation?

What factors should be considered in risk allocation?

May I meet with industry to gather information concerning the appropriate risk allocation strategies?

What organizational conflict of interest requirements apply to design-build projects?

What conflict of interest standards apply to individuals who serve as selection team members for the owner?

Is team switching allowed after contract award?

How does this part apply to a project developed under a public-private partnership?

What selection procedures and award criteria may be used?

When are two-phase design-build selection procedures appropriate?

What are the elements of two-phase selection procedures for competitive proposals?

What items may be included in a phase-one solicitation?

Can past performance be used as an evaluation criteria?

How do I evaluate offerors who do not have a record of relevant past performance?

Is there a limit on short listed firms?

May I use my existing prequalification procedures with design-build contracts?

What items must be included in a phase-two solicitation?

What requirements apply to projects which use the modified design-build procedure?

When and how should tradeoffs be used?

To what extent must tradeoff decisions be documented?

How should proposal evaluation factors be selected?

Are there any limitations on the selection and use of proposal evaluation factors?

May pre-qualification standards be used as proposal evaluation criteria in the RFP?

What process may be used to rate and score proposals?

Can price information be provided to analysts who are reviewing technical proposals?

What types of information exchange may take place prior to the release of the RFP document?

What types of information exchange may take place after the release of the RFP document?

What information may be exchanged with a clarification?

Can a competitive range be used to limit competition?

After developing a short list, can I still establish a competitive range?

Are communications allowed prior to establishing the competitive range?

Am I limited in holding communications with certain firms?

Can communications be used to cure proposal deficiencies?

Can offerors revise their proposals during communications?

What issues may be addressed in discussions?

Why should I use discussions?

Must I notify offerors of my intent to use/not use discussions?

If the solicitation indicated my intent was to award contract without discussions, but circumstances change, may I still hold discussions?

Must a contracting agency establish a competitive range if it intends to have discussions with offerors?

What issues must be covered in discussions?

What subjects are prohibited in discussions, communications and clarifications with offerors?

Can price or cost be an issue in discussions?

Can offerors revise their proposals as a result of discussions?

Can the competitive range be further defined once discussions have begun?

Can there be more than one round of discussions?

What is the basis for the source selection decision?

Are limited negotiations allowed prior to contract execution?

How may I provide notifications and debriefings?