110 STAT. 646 PUBLIC LAW 104-106—FEB. 10, 1996 "§ 2305a. Design-build selection procedures "(a) AUTHORIZATION. —Unless the traditional acquisition approach of design-bid-build established under the Brooks Architect- Engineers Act (41 U.S.C. 541 et seq.) is used or another acquisition procedure authorized by law is used, the head of an agency shall use the two-phase selection procedures authorized in this section for entering into a contract for the design and construction of a public building, facility, or work when a determination is made under subsection (b) that the procedures are appropriate for use. "(b) CRITERIA FOR USE. —A contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when the contracting officer anticipates that three or more offers will be received for such contract, design work must be performed before an offeror can develop a price or cost proposal for such contract, the offeror will incur a substantial amount of expense in preparing the offer, and the contracting officer has considered information such as the following: "(1) The extent to which the project requirements have been adequately defined. "(2) The time constraints for delivery of the project. "(3) The capability and experience of potential contractors. "(4) The suitability of the project for use of the two-phase selection procedures. "(5) The capability of the agency to manage the two-phase selection process. "(6) Other criteria established by the agency. "(c) PROCEDURES DESCRIBED.— Two-phase selection procedures consist of the following: "(1) The agency develops, either in-house or by contract, a scope of work statement for inclusion in the solicitation that defines the project and provides prospective offerors with sufficient information regarding the Government's requirements (which may include criteria and preliminary design, budget parameters, and schedule or delivery requirements) to enable the offerors to submit proposals which meet the Government's needs. If the agency contracts for development of the scope of work statement, the agency shall contract for architectural and engineering services as defined by and in accordance with the Brooks Architect-Engineers Act (40 U.S.C. 541 et seq.). "(2) The contracting officer solicits phase-one proposals that— "(A) include information on the offeror's— "(i) technical approach; and "(ii) technical qualifications; and "(B) do not include— "(i) detailed design information; or "(ii) cost or price information. "(3) The evaluation factors to be used in evaluating phaseone proposals are stated in the solicitation and include specialized experience and technical competence, capability to perform, past performance of the offeror's team (including the architectengineer and construction members of the team) and other appropriate factors, except that cost-related or price-related evaluation factors are not permitted. Each solicitation estab-
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