FAR 28.310—Contract clause for work on a Government installation.
Plain-English Summary
FAR 28.310 tells contracting officers when to include the insurance clause at FAR 52.228-5, Insurance—Work on a Government Installation, in solicitations and contracts. It applies when the Government is using a fixed-price contract, the expected contract value is above the simplified acquisition threshold, and the work will require performance on a Government installation. The section also identifies two exceptions: when only a small amount of on-installation work is needed, such as a few brief visits per month, and when all on-installation work will be performed outside the United States and its outlying areas. Even when one of those exceptions applies, the contracting officer may still include the clause if doing so is in the Government’s interest. In practice, this provision is about making sure contractors carry appropriate insurance for work performed on Government property, while giving contracting officers flexibility to tailor the requirement to the actual risk and location of performance.
Key Rules
Insert clause for covered fixed-price work
The contracting officer must include FAR 52.228-5 in solicitations and contracts when the contract is fixed-price, exceeds the simplified acquisition threshold, and requires work on a Government installation. This is the default rule for covered procurements.
Small on-site work exception
The clause is not required if only a small amount of work will be performed on the Government installation, such as a few brief visits per month. This exception recognizes that minimal site presence may not justify the full insurance requirement.
Outside U.S. exception
The clause is not required if all work on the Government installation will be performed outside the United States and its outlying areas. The rule treats those overseas installation situations differently from domestic or territorial performance.
Discretion to include anyway
Even when an exception applies, the contracting officer may still insert the clause if it is in the Government’s interest. This gives the Government flexibility to require insurance based on the specific risk profile of the work.
Applies to solicitations and contracts
The requirement is not limited to award documents; it must be addressed in both solicitations and resulting contracts when the rule applies. This ensures offerors know the insurance requirement before pricing and proposing.
Responsibilities
Contracting Officer
Determine whether the procurement is fixed-price, whether the expected value exceeds the simplified acquisition threshold, and whether the work will occur on a Government installation. Insert FAR 52.228-5 when the rule applies, and decide whether to include it under the exceptions when doing so is in the Government’s interest.
Contractor
If the clause is included, obtain and maintain the insurance required by FAR 52.228-5 for work performed on the Government installation. Price and plan for the cost and administrative burden of meeting the insurance requirement.
Agency
Support acquisition planning and risk assessment so the contracting officer can determine whether on-site work, location, and insurance needs justify inclusion of the clause. Ensure internal policies and review processes align with the clause’s use.
Practical Implications
This section matters because insurance requirements can affect both proposal pricing and contract performance planning, especially for contractors that will have personnel or equipment on a Government site.
A common pitfall is overlooking the clause because the work is mostly off-site; if even meaningful on-installation performance is expected, the contracting officer must evaluate whether the clause is mandatory.
Another frequent issue is misjudging what counts as only a small amount of work on the installation. Brief, occasional visits may qualify for the exception, but regular or substantial site presence usually will not.
Contractors should check early whether the clause is included, because insurance coverage may need to be in place before performance begins and may affect subcontractor arrangements as well.
Contracting officers should document the basis for using or not using the clause, especially when relying on an exception or when including the clause under discretionary authority.
Official Regulatory Text
(a) Insert the clause at 52.228-5 , Insurance-Work on a Government Installation, in solicitations and contracts if a fixed-price contract is contemplated, the contract amount is expected to exceed the simplified acquisition threshold, and the contract will require work on a Government installation, unless- (1) Only a small amount of work is required on the Government installation ( e.g., a few brief visits permonth); or (2) All work on the Government installation will be performed outside the United States and its outlying areas. (b) The contracting officer may insert the clause at 52.228-5 in solicitations and contracts described in paragraphs (a)(1) and (2) of this section if it is in the Government’s interest to do so.