48 C.F.R. § 52.228-5

52.228-5 Insurance—Work on a Government Installation.

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As prescribed in 28.310, insert the following clause:

Insurance—Work on a Government Installation (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause) [54 FR 34758, Aug. 21, 1989; 62 FR 239, Jan. 2, 1997]

Notes of Decisions

Cited in 3 cases, 2001–2019 · leading case: Ins. Co. of North Am. v. Aberdeen Ins. Servs., Inc., 253 F.3d 878 (5th Cir. 2001).

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Ins. Co. of North Am. v. Aberdeen Ins. Servs., Inc., 253 F.3d 878 (5th Cir. 2001). “” FAR 47 inserts 48 C.F.R. § 52.228-5 into the DOE Contract verbatim, stating, in pertinent part: (a) The Contractor shall .”

Harris v. Kellogg, Brown & Root Servs., Inc., 618 F. Supp. 2d 400 (W.D. Pa. 2009). “228-7 Insurance — Liability to Third Persons; 48 C.F.R. 52.228-5 Insurance — Work on a Government Installation.”

Manning v. McHugh (D.D.C. 2019). “77-6; 48 C.F.R. § 52.228-5 (“The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.”

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