When the prime contractor on an architect and engineering contract does not have to meet state registeration and licensing requirements for performing A-E work on Government property, does the protection afforded to the prime contractor also apply to the subcontractor performing work at a government facility in a state where the subcontractor may not be registered?
The following statute and Federal Acquisition Regulation references at a minimum apply to the question presented.
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1) The definition of architect engineering services is provided in 40 U.S.C. 1102 and FAR 2.101 - professional services of an engineering nature, as defined by State law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide those services.
2) FAR 36.609-4 Requirements for Registration of Designers states, "Insert the clause at 52.236-25, requirements for Registration of Designers, in architect engineer contracts, except ...(a) Outside the United States... (b) In a State...that does not have registration requirements..."
3) FAR 52-236-25 Architects or engineers registered to practice in the particular professional field involved in a State,...shall prepare, or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.
State laws govern the license, registration, or certification of architects and engineers. FAR 52.236-25 is a required clause in all A&E contracts and is a flow down clause to all levels of subcontractors. It is not unusual for prime A&E contractors to not directly employ all disciplines required to perform a particular project design or effort whether the project is within the prime contractors state of license or not. The additional required disciplines are obtained in most instances by subcontract. Licensed subcontractors are also obtained when the prime does not have a license for a particular state or there is not a reciprocal agreement in place between the prime contractors licensing state and the state in which the work is performed.
The prime contractors and their proposed subcontractors professional qualifications to include state licenses, registration, or certification is provided to the Government as a part of the prime contractors SF 330 proposal.
I am not sure "what protection afforded to the prime contractor" you are referring to??? The FAR and DFARS clauses as well as state laws apply to both the prime and the subcontractors.
Let me know if you require additional information.