Jump to content

Construction Contracts


Recommended Posts

I have noticed the requirement in some construction RFP's to provide a copy of the offerors construction license as an evaluation factor for award. I found nothing in FAR that would support having the offeror provide their contractor license and am questioning if this is legally enforceable. I was always under the impression that when performing construction work on a federal installation contractors did not have to have a contractors license, although I do not have a reference for this.

Can the government require a construction contractor license as an evaluation factor?

Link to comment
Share on other sites

Guest Vern Edwards

Yes. The contracting officer can request the license as a matter of technical acceptability or as evidence of offeror responsibility. And it's not true that a contractor performing on a government installation need not have a license. Most government installations are under joint jurisdiction.

Link to comment
Share on other sites

  • 2 weeks later...

.

I defer to the learned one on what most installations require, but I can tell you the situation at Fort Carson. At least, what the situation was 15 years ago.

I was the Quality Manager for the contractor with the contract for base operations and maintenance for the Director of Public Works. We maintained real property, from painting stripes on the airfield runways to high voltage distribution to cutting the grass to running the sewage plant.

In that capacity, I acted as the Building Official for the post. I checked with the local off-post Regional Building Department, and they had zero jurisdiction on post. Technically that authority rested with the DPW, but I had almost all the inspectors in my shop, except for a couple government QA inspectors.

I determined that contractors did not need to have a contractor's license, and the DPW backed me up. However, they still needed any insurance or bonds that their CO determined were appropriate.

I gotta tell you, I've done commercial construction with a license, and the toughest part of getting licensed was getting bonding and insurance. The actual license was almost a gimmie, pay a fee and take an open book (ICBO Code) test. But I had to show proof of insurance and bonding before getting the license.

I've done 8 or so federal construction jobs without a license, on Army posts, EPA facilities and in Indian Country, and I still needed insurance and bonding.

So, if you have bonding and insurance, have a Super take the test for you.

What you didn't say was whether or not the Government was requiring a license from a particular jurisdiction. If they are requiring a license from the Building Department of the jurisdiction just outside the post, camp or station where the job is, and if you are not local, this might be an unduly restrictive way to ensure only locals can bid on the job.

........

If this is an RFP, not an IFB, then I think its fair to use licensing as an evaluation factor. More points for having a license, which shows that you also compete in the commercial/ private sector.

If its an IFB, and the Government uses the license as a matter of technical acceptability or as a gauge of offeror responsibility, you could always protest and get a definitive answer. But if they are under joint jurisdiction, as Vern suggests, then I think they would be required to require that you be licensed.

.

Link to comment
Share on other sites

.

I defer to the learned one on what most installations require, but I can tell you the situation at Fort Carson. At least, what the situation was 15 years ago.

I was the Quality Manager for the contractor with the contract for base operations and maintenance for the Director of Public Works. We maintained real property, from painting stripes on the airfield runways to high voltage distribution to cutting the grass to running the sewage plant.

In that capacity, I acted as the Building Official for the post. I checked with the local off-post Regional Building Department, and they had zero jurisdiction on post. Technically that authority rested with the DPW, but I had almost all the inspectors in my shop, except for a couple government QA inspectors.

I determined that contractors did not need to have a contractor's license, and the DPW backed me up. However, they still needed any insurance or bonds that their CO determined were appropriate.

I gotta tell you, I've done commercial construction with a license, and the toughest part of getting licensed was getting bonding and insurance. The actual license was almost a gimmie, pay a fee and take an open book (ICBO Code) test. But I had to show proof of insurance and bonding before getting the license.

I've done 8 or so federal construction jobs without a license, on Army posts, EPA facilities and in Indian Country, and I still needed insurance and bonding.

So, if you have bonding and insurance, have a Super take the test for you.

What you didn't say was whether or not the Government was requiring a license from a particular jurisdiction. If they are requiring a license from the Building Department of the jurisdiction just outside the post, camp or station where the job is, and if you are not local, this might be an unduly restrictive way to ensure only locals can bid on the job.

........

If this is an RFP, not an IFB, then I think its fair to use licensing as an evaluation factor. More points for having a license, which shows that you also compete in the commercial/ private sector.

If its an IFB, and the Government uses the license as a matter of technical acceptability or as a gauge of offeror responsibility, you could always protest and get a definitive answer. But if they are under joint jurisdiction, as Vern suggests, then I think they would be required to require that you be licensed.

.

Link to comment
Share on other sites

Brian,

Thanks for the comment. My experience is the same as yours and after review of FAR 9, 14, and 36 I saw nothing that changed my mind. In the case of the procurement I was speaking about, the contracting office issued the procurement under part 15 and is using the contractor?s license as an evaluation factor for award. I understand Verns comment as it relates to negotiated procurements, but for discussion sake, if this procurement was being conducted under sealed bidding could the government still require the bidder to provide a contractors license with their bid?

Link to comment
Share on other sites

A license should indicate that the firm is current for the code requirements. I would expect a licensed firm to also be aware of concerns such as earth work, insects and the best materials for that environment and climate. The Government is expected to be a good neighbor, and work with the local authorities.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...