FAR 36.609-4—Requirements for registration of designers.
Plain-English Summary
FAR 36.609-4 tells contracting officers when to include the clause at 52.236-25, Requirements for Registration of Designers, in architect-engineer (A-E) contracts. The section is narrowly focused on one issue: whether the designers performing the work must be registered in the jurisdiction where the project is located or where the design is performed. Its purpose is to ensure that A-E services are provided by properly licensed or registered professionals when local law requires it, while avoiding unnecessary contract requirements when the work is performed outside the United States and its outlying areas or in a jurisdiction that does not impose registration requirements for the specific field. In practice, this means the contracting officer must check the project location and the applicable registration laws before deciding whether to insert the clause. For contractors, the section signals that professional registration may be a contract condition and may affect who can perform or sign design work. For agencies, it helps align federal procurement with state, territorial, and foreign licensing regimes and reduces the risk of awarding work that cannot legally be performed as proposed.
Key Rules
Insert the designer registration clause
The contracting officer must include clause 52.236-25, Requirements for Registration of Designers, in architect-engineer contracts. This clause is the mechanism that addresses professional registration requirements for the design personnel performing the work.
Omit clause for overseas design work
The clause may be omitted when the design will be performed outside the United States and its outlying areas. In that situation, the FAR does not require the registration clause because U.S. state or territorial registration rules generally do not govern the work location.
Omit clause where no registration exists
The clause may also be omitted when the design will be performed in a State or outlying area that does not have registration requirements for the particular field involved. The key question is whether the relevant jurisdiction actually requires registration for that discipline, not whether some other profession is regulated.
Apply the rule by design location
The decision turns on where the design work will be performed, not simply where the contract is awarded or where the project is ultimately built. Contracting officers should verify the work location and the applicable licensing framework before deciding whether to include the clause.
Limit to architect-engineer contracts
This requirement applies specifically to architect-engineer contracts. It is not a general FAR rule for all construction or professional services contracts, so the clause decision should be tied to the A-E procurement context.
Responsibilities
Contracting Officer
Determine whether the contract is an architect-engineer contract and whether the design will be performed in a location with applicable registration requirements. Include clause 52.236-25 unless one of the stated exceptions applies, and document the basis for omitting it when appropriate.
Contractor
Ensure that designers assigned to the work meet any required registration or licensing standards applicable to the place and field of performance. If the clause is included, comply with its requirements and avoid assigning unregistered personnel where registration is required.
Agency
Support the contracting officer by identifying the project location, the design disciplines involved, and any relevant state, territorial, or foreign registration rules. Ensure procurement planning accounts for professional licensing constraints that could affect performance.
Practical Implications
This section is mainly a clause-selection rule, but it has real compliance consequences because an omitted registration clause can create performance problems if the work actually requires licensed designers.
A common pitfall is assuming the clause can be omitted just because the project is overseas; the contracting officer still needs to confirm where the design work will be performed and whether any local licensing rules apply.
Another pitfall is overlooking discipline-specific rules. A state may regulate some design professions but not others, so the exception depends on the particular field involved.
Contractors should verify registration status early in proposal and staffing planning, since a required license can affect who may sign, seal, or take responsibility for design documents.
For contracting officers, the practical takeaway is to check the jurisdiction and the profession before award, because the clause decision should be made up front rather than corrected after performance starts.
Official Regulatory Text
Insert the clause at 52.236-25 , Requirements for Registration of Designers, in architect-engineer contracts, except that it may be omitted when the design will be performed- (a) Outside the United States and its outlying areas; or (b) In a State or outlying area of the United States that does not have registration requirements for the particular field involved.