52.237-2 Protection of Government Buildings, Equipment, and Vegetation
Source: FAR 52.237-2 on acquisition.gov
Contractors must prevent and promptly repair or replace any damage to Government property caused by their negligence during service contracts on Government installations, or risk financial deductions.
Overview
FAR 52.237-2 requires contractors performing services on Government installations to exercise reasonable care to prevent damage to Government buildings, equipment, and vegetation. If damage occurs due to the contractor's negligence, the contractor must repair or replace the damaged property at their own expense, as directed by the Contracting Officer. Failure to do so allows the Government to recover the costs by deducting them from the contract price. This clause is mandatory in service contracts performed on Government property, except for construction contracts.
Key Rules
- Reasonable Care Requirement
- Contractors must take reasonable precautions to avoid damaging Government property and vegetation during contract performance.
- Repair or Replacement Obligation
- If damage occurs due to contractor negligence, the contractor must repair or replace the property at no cost to the Government, following the Contracting Officer’s instructions.
- Government Recourse for Non-Compliance
- If the contractor fails to repair or replace the damage, the Government can deduct the cost of repairs or replacement from the contract price.
Responsibilities
- Contracting Officers: Must ensure the clause is included in applicable contracts and direct repairs or replacements as needed.
- Contractors: Must prevent damage, promptly repair or replace any damage caused, and bear all associated costs.
- Agencies: Oversee compliance and enforce cost recovery if necessary.
Practical Implications
- This clause protects Government assets during service contract performance.
- Contractors must implement safeguards and train personnel to avoid accidental damage.
- Failure to comply can result in financial penalties and deductions from contract payments.
As prescribed in 37.110(b), insert the following clause in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated:
Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.
(End of clause)