48 CFR § 236.303-1 - 236.303-1 Phase One.

---
identifier: "/us/cfr/t48/s236.303-1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 236.303-1 - 236.303-1   Phase One."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "236.303-1"
section_name: "236.303-1   Phase One."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "F"
subchapter_name: "SPECIAL CATEGORIES OF CONTRACTING"
part_number: "236"
part_name: "CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36421, July 31, 1991, unless otherwise noted."
cfr_part: "236"
---


# 236.303-1 236.303-1   Phase One.

(a)(4) 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—

(i) 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—

(A) The solicitation is issued for an indefinite-delivery indefinite-quantity contract for design-build construction; or

(B) 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)).

(ii) 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.

[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]