Unless you use another acquisition procedure authorized by law, you must use the two-phase design-build selection procedures in section 303M of the Federal Property and Administrative Services Act of 1949, as amended, for lease construction projects. This includes lease construction projects with options to purchase the real property leased. Use the procedures in section 303M when you meet the conditions in (a) and (b) below:
(a) You anticipate the lease will involve the design and construction of a public building, facility, or work for lease to the Government.
(b) You determine the procedures are appropriate for entering into a lease construction contract based on the following:
(1) You expect to receive three or more offers.
(2) Offerors will need to perform design work before developing a price.
(3) Offerors will incur a substantial amount of expense in preparing offers.
(4) You consider criteria such as the following:
(i) The extent to which the project requirements have been adequately defined.
(ii) The time constraints for delivery of the project.
(iii) The capability and experience of potential contractors.
(iv) The suitability of the project for use of the two-phase selection procedures.
(v) The capability of the agency to manage the two-phase selection process.
(vi) Other criteria established by the HCA.
