23 CFR §636.302

1. (a)The selection of the evaluation factors, significant subfactors and their relative importance are within your broad discretion subject to the following requirements:
   1. (1)You must evaluate price in every source selection where construction is a significant component of the scope of work. However, where the contracting agency elects to release the final RFP and award the design-build contract before the conclusion of the NEPA process (see § 636.109), then the following requirements apply:
      1. (i)It is not necessary to evaluate the total contract price;
      2. (ii)Price must be considered to the extent the contract requires the contracting agency to make any payments to the design-builder for any work performed prior to the completion of the NEPA process and the contracting agency wishes to use Federal-aid highway funds for those activities;
      3. (iii)The evaluation of proposals and award of the contract may be based on qualitative considerations;
      4. (iv)If the contracting agency wishes to use Federal-aid highway funds for final design and construction, the subsequent approval of final design and construction activities will be contingent upon a finding of price reasonableness by the contracting agency;
      5. (v)The determination of price reasonableness for any design-build project funded with Federal-aid highway funds shall be based on at least one of the following methods:
         1. (A)Compliance with the applicable procurement requirements for part 172, 635, or 636, where the contractor providing the final design or construction services, or both, is a person or entity other than the design-builder;
         2. (B)A negotiated price determined on an open-book basis by both the design-builder and contracting agency; or
         3. (C)An independent estimate by the contracting agency based on the price of similar work;
      6. (vi)The contracting agency's finding of price reasonableness is subject to FHWA concurrence.
   2. (2)You must evaluate the quality of the product or service through consideration of one or more non-price evaluation factors. These factors may include (but are not limited to) such criteria as:
      1. (i)Compliance with solicitation requirements;
      2. (ii)Completion schedule (contractual incentives and disincentives for early completion may be used where appropriate); or
      3. (iii)Technical solutions.
   3. (3)At your discretion, you may evaluate past performance, technical experience and management experience (subject to § 636.303(b)).
2. (b)All factors and significant subfactors that will affect contract award and their relative importance must be stated clearly in the solicitation.