Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 23 - Highways |
Chapter I - Federal Highway Administration, Department of Transportation |
SubChapter G - Engineering and Traffic Operations |
Part 636 - Design-Build Contracting |
Subpart A - General |
§ 636.101 - What does this part do? |
§ 636.102 - Does this part apply to me? |
§ 636.103 - What are the definitions of terms used in this part? |
§ 636.104 - Does this part apply to all Federal-aid design-build projects? |
§ 636.105 - Is the FHWA requiring the use of design-build? |
§ 636.106 - [Reserved] |
§ 636.107 - May contracting agencies use geographic preference in Federal-aid design-build or public-private partnership projects? |
§ 636.108 - [Reserved] |
§ 636.109 - How does the NEPA process relate to the design-build procurement process? |
§ 636.110 - What procedures may be used for solicitations and receipt of proposals? |
§ 636.111 - Can oral presentations be used during the procurement process? |
§ 636.112 - May stipends be used? |
§ 636.113 - Is the stipend amount eligible for Federal participation? |
§ 636.114 - What factors should be considered in risk allocation? |
§ 636.115 - May I meet with industry to gather information concerning the appropriate risk allocation strategies? |
§ 636.116 - What organizational conflict of interest requirements apply to design-build projects? |
§ 636.117 - What conflict of interest standards apply to individuals who serve as selection team members for the owner? |
§ 636.118 - Is team switching allowed after contract award? |
§ 636.119 - How does this part apply to a project developed under a public-private partnership? |
Subpart B - Selection Procedures, Award Criteria |
§ 636.201 - What selection procedures and award criteria may be used? |
§ 636.202 - When are two-phase design-build selection procedures appropriate? |
§ 636.203 - What are the elements of two-phase selection procedures for competitive proposals? |
§ 636.204 - What items may be included in a phase-one solicitation? |
§ 636.205 - Can past performance be used as an evaluation criteria? |
§ 636.206 - How do I evaluate offerors who do not have a record of relevant past performance? |
§ 636.207 - Is there a limit on short listed firms? |
§ 636.208 - May I use my existing prequalification procedures with design-build contracts? |
§ 636.209 - What items must be included in a phase-two solicitation? |
§ 636.210 - What requirements apply to projects which use the modified design-build procedure? |
§ 636.211 - When and how should tradeoffs be used? |
§ 636.212 - To what extent must tradeoff decisions be documented? |
Subpart C - Proposal Evaluation Factors |
§ 636.301 - How should proposal evaluation factors be selected? |
§ 636.302 - Are there any limitations on the selection and use of proposal evaluation factors? |
§ 636.303 - May pre-qualification standards be used as proposal evaluation criteria in the RFP? |
§ 636.304 - What process may be used to rate and score proposals? |
§ 636.305 - Can price information be provided to analysts who are reviewing technical proposals? |
Subpart D - Exchanges |
§ 636.401 - What types of information exchange may take place prior to the release of the RFP document? |
§ 636.402 - What types of information exchange may take place after the release of the RFP document? |
§ 636.403 - What information may be exchanged with a clarification? |
§ 636.404 - Can a competitive range be used to limit competition? |
§ 636.405 - After developing a short list, can I still establish a competitive range? |
§ 636.406 - Are communications allowed prior to establishing the competitive range? |
§ 636.407 - Am I limited in holding communications with certain firms? |
§ 636.408 - Can communications be used to cure proposal deficiencies? |
§ 636.409 - Can offerors revise their proposals during communications? |
Subpart E - Discussions, Proposal Revisions and Source Selection |
§ 636.501 - What issues may be addressed in discussions? |
§ 636.502 - Why should I use discussions? |
§ 636.503 - Must I notify offerors of my intent to use/not use discussions? |
§ 636.504 - If the solicitation indicated my intent was to award contract without discussions, but circumstances change, may I still hold discussions? |
§ 636.505 - Must a contracting agency establish a competitive range if it intends to have discussions with offerors? |
§ 636.506 - What issues must be covered in discussions? |
§ 636.507 - What subjects are prohibited in discussions, communications and clarifications with offerors? |
§ 636.508 - Can price or cost be an issue in discussions? |
§ 636.509 - Can offerors revise their proposals as a result of discussions? |
§ 636.510 - Can the competitive range be further defined once discussions have begun? |
§ 636.511 - Can there be more than one round of discussions? |
§ 636.512 - What is the basis for the source selection decision? |
§ 636.513 - Are limited negotiations allowed prior to contract execution? |
§ 636.514 - How may I provide notifications and debriefings? |