Overview
FAR 36.302 mandates that agencies develop a comprehensive scope of work for design-build projects to define project requirements, design criteria, and constraints. It also specifies the procurement procedures required if the agency chooses to hire a third party to draft this scope.
Key Rules
- Mandatory Development: The agency is responsible for creating a scope of work that defines the project and the Government’s specific requirements.
- Permissible Content: The scope may include preliminary design criteria, budget parameters, and specific schedule or delivery requirements.
- Source of Development: The scope can be developed using internal agency resources (in-house) or through a private contractor.
- A-E Selection Requirement: If a contractor is hired to develop the scope of work, the agency must use the qualifications-based selection procedures outlined in FAR Subpart 36.6 (Architect-Engineer Services).
Practical Implications
- The scope of work serves as the foundational document for the Two-Phase Design-Build selection process, ensuring all competing firms have a clear understanding of the project's technical and financial boundaries.
- Contracting officers must ensure that if an outside firm writes the scope, that firm is typically precluded from competing for the subsequent design-build contract due to potential organizational conflicts of interest.