23 CFR §636.210

1. (a)Modified design-build selection procedures (lowest price technically acceptable source selection process) may be used for any project.
2. (b)The solicitation must clearly state the following:
   1. (1)The identification of evaluation factors and significant subfactors that establish the requirements of acceptability.
   2. (2)That award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.
3. (c)The contracting agency may forgo a short listing process and advertise for the receipt of proposals from all responsible offerors. The contract is then awarded to the lowest responsive bidder.
4. (d)Tradeoffs are not permitted, however, you may incorporate cost-plus-time bidding procedures (A + B bidding), lane rental, or other cost-based provisions in such contracts.
5. (e)Proposals are evaluated for acceptability but not ranked using the non-cost/price factors.
6. (f)Exchanges may occur (see subpart D of this part).