52.237-2
Protection of Government Buildings, Equipment, and Vegetation
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.