§3309 Design-build selection procedures

Summary

Federal agencies must use a two-step selection process for hiring teams to both design and build a public building or facility unless they use the usual design-bid-build way or another allowed method. A contracting officer must decide this process is right when they expect 3 or more bids, when design work is needed before a bidder can give a price, when bidders will spend a lot to prepare offers, and after they check things like how well the project is defined, the delivery timetable, potential contractors’ experience, whether the project fits the two-step method, the agency’s ability to run the two-step process, and any other agency rules. In the first step the agency provides a clear scope of work (which can include preliminary design, budget limits, and schedule) and asks for proposals that show a team’s technical approach and qualifications but not detailed designs or prices. The agency rates teams on experience, technical skill, ability to perform, past work, and other stated factors (but not price). The agency then names the top teams (the solicitation says how many; normally no more than 5 unless more is justified) and asks them for full technical designs and cost proposals in step two. Technical and price parts are scored separately, and the contract is awarded under the government’s award rules. The Federal Acquisition Regulation must give guidance to agencies on when to use this method, how to pick contractors, and a consistent government-wide approach.