Requirements for registration of designers
Include the 52.236-25 clause in A-E contracts to ensure designers are properly registered, unless the work is performed outside the U.S. or in areas without registration requirements.
Overview
FAR 36.609-4 requires that the clause at 52.236-25, "Requirements for Registration of Designers," be included in architect-engineer (A-E) contracts. This clause ensures that designers performing work under these contracts are properly registered or licensed in the relevant field, as required by the state or outlying area where the work is performed. However, the clause can be omitted if the design work is performed outside the United States and its outlying areas, or in a state or outlying area that does not have registration requirements for the specific field involved. The regulation aims to ensure that only qualified, registered professionals undertake design work on government projects, thereby protecting the government's interests and ensuring compliance with local laws.
Key Rules
- Clause Inclusion Requirement
- The 52.236-25 clause must be inserted in all A-E contracts unless specific exceptions apply.
- Exceptions to Clause Inclusion
- The clause may be omitted if the design is performed outside the U.S. and its outlying areas, or in locations without registration requirements for the field involved.
Responsibilities
- Contracting Officers: Must ensure the appropriate inclusion or omission of the 52.236-25 clause based on project location and local registration requirements.
- Contractors: Must ensure that designers are properly registered or licensed if the clause is included.
- Agencies: Should verify compliance with registration requirements and maintain oversight of contract clause application.
Practical Implications
- This section exists to ensure that only qualified, registered professionals perform design work on government contracts, reducing risk and ensuring compliance with local laws.
- Contractors must be diligent in verifying designer credentials and understanding when the clause applies.
- Common pitfalls include failing to include the clause when required or overlooking local registration requirements.