124 STAT. 3760 PUBLIC LAW 111–350—JAN. 4, 2011 (D) The suitability of the project for use of the two- phase selection procedures. (E) The capability of the agency to manage the two- phase selection process. (F) Other criteria established by the agency. (c) PROCEDURES DESCRIBED.—Two-phase selection procedures con- sist of the following: (1) DEVELOPMENT OF SCOPE OF WORK STATEMENT.—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 Federal Government’s requirements (which may include criteria and preliminary design, budget parameters, and schedule or delivery requirements) to enable the offerors to submit proposals that meet the Federal Govern- ment’s needs. If the agency contracts for development of the scope of work statement, the agency shall contract for architec- tural and engineering services as defined by and in accordance with sections 1101 to 1104 of title 40. (2) SOLICITATION OF PHASE-ONE PROPOSALS.—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) EVALUATION FACTORS.—The evaluation factors to be used in evaluating phase-one 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 architect-engineer and construction members of the team), and other appropriate factors, except that cost- related or price-related evaluation factors are not permitted. Each solicitation establishes the relative importance assigned to the evaluation factors and subfactors that must be considered in the evaluation of phase-one proposals. The agency evaluates phase-one proposals on the basis of the phase-one evaluation factors set forth in the solicitation. (4) SELECTION BY CONTRACTING OFFICER.— (A) NUMBER OF OFFERORS SELECTED AND WHAT IS TO BE EVALUATED.—The contracting officer selects as the most highly qualified the number of offerors specified in the solicitation to provide the property or services under the contract and requests the selected offerors to submit phase- two competitive proposals that include technical proposals and cost or price information. Each solicitation establishes with respect to phase two— (i) the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work, or both; and (ii) the evaluation factors and subfactors, including cost or price, that must be considered in the evalua- tions of proposals in accordance with subsections (b) to (d) of section 3306 of this title.
