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Electronic Code of Federal Regulations

blue pill

e-CFR Data is current as of August 27, 2014

Title 23Chapter ISubchapter GPart 636


TITLE 23—Highways

CHAPTER I—FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

SUBCHAPTER G—ENGINEERING AND TRAFFIC OPERATIONS

PART 636—DESIGN-BUILD CONTRACTING

rule

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?
rule

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?
rule

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?
rule

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?
rule

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?


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