[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR636.101] [Page 183-185] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 636_DESIGN-BUILD CONTRACTING--Table of Contents Subpart A_General Sec. 636.101 What does this part do? Subpart A_General Sec. 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 What type of projects may be used with design-build contracting? 636.107 Does the definition of a qualified project limit the use of design-build contracting? 636.108 How does the definition of a qualified project apply to ITS projects? [[Page 184]] 636.109 How does the NEPA review 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? [[Page 185]] Authority: Sec. 1307 of Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b). Source: 67 FR 75926, Dec. 10, 2002, unless otherwise noted. This part describes the FHWA's policies and procedures for approving design-build projects financed under title 23, United States Code (U.S.C.). This part satisfies the requirement of section 1307(c) of the Transportation Equity Act for the 21st Century (TEA-21), enacted on June 9, 1998. The contracting procedures of this part apply to all design- build project funded under title 23, U.S.C.