Home/CFR/Title 23/Part 636
FEDERAL · 23 CFR

Part 636 — Design-Build Contracting

59 sections · Title 23: Highways

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