FAR 36.513—Accident prevention.
Plain-English Summary
FAR 36.513 addresses when the contracting officer must or may include the Accident Prevention clause at FAR 52.236-13 in construction and certain service contracts, and when the clause must be used with Alternate I. It covers fixed-price construction contracts, fixed-price dismantling/demolition/removal of improvements contracts, and service contracts performed at Government facilities when technical representatives say special precautions are needed. The section also addresses when the contracting officer should notify OSHA or other appropriate Federal, State, or local officials if the contractor has been told to take immediate action to correct a serious or imminent danger. In practice, this rule is about building safety and hazard-control requirements into the contract at the outset, so the Government can require preventive measures, reduce workplace accidents, and respond quickly when dangerous conditions arise. It matters both for contract formation—deciding whether the clause is mandatory, discretionary, or mandatory with Alternate I—and for post-award administration, because it supports enforcement of immediate corrective action and coordination with safety regulators.
Key Rules
Mandatory clause for larger fixed-price work
The contracting officer must insert FAR 52.236-13, Accident Prevention, in solicitations and contracts for fixed-price construction contracts and fixed-price dismantling, demolition, or removal of improvements contracts when the expected contract amount exceeds the simplified acquisition threshold.
Discretionary use at or below threshold
For the same types of fixed-price construction or demolition/removal contracts at or below the simplified acquisition threshold, the contracting officer may include the clause. This gives the CO discretion to require accident-prevention protections even on smaller procurements when the circumstances warrant it.
Alternate I for long or hazardous work
If the contract involves work of long duration or hazardous nature, the contracting officer must use the clause with Alternate I. The alternate is required when the risk profile or duration makes enhanced accident-prevention language necessary.
Services at Government facilities
For service contracts performed at Government facilities, the contracting officer must insert the clause or Alternate I when technical representatives advise that special precautions are appropriate. This ties the safety requirement to the actual conditions of performance rather than the contract type alone.
Notify safety authorities of serious danger
The contracting officer should inform OSHA, or other cognizant Federal, State, or local officials, when the contractor has been notified to take immediate action to correct serious or imminent dangers. This is a reporting and coordination step intended to support prompt hazard abatement and external oversight.
Responsibilities
Contracting Officer
Determine whether the contract is a fixed-price construction, demolition, dismantling, or removal contract, or a service contract at a Government facility; decide whether the clause is mandatory, discretionary, or required with Alternate I; insert the correct clause in the solicitation and contract; and notify OSHA or other appropriate officials when serious or imminent dangers have been identified and the contractor has been directed to act immediately.
Technical Representatives
Advise the contracting officer whether special precautions are appropriate for service work performed at Government facilities, based on the nature of the work and site conditions.
Contractor
Comply with the Accident Prevention clause and any Alternate I requirements; take immediate action when notified of serious or imminent dangers; and implement the safety measures needed to prevent accidents and correct hazardous conditions.
OSHA or Other Cognizant Safety Officials
Receive notice from the contracting officer, as appropriate, regarding serious or imminent dangers and potentially coordinate or take further action under their own authorities.
Agency/Facility Safety Personnel
Support identification of hazards, recommend special precautions, and help ensure the contract includes the correct safety language for work performed at Government facilities.
Practical Implications
This section is a clause-selection rule, so the main day-to-day task is getting the right safety language into the solicitation and award documents before performance starts.
A common pitfall is treating the clause as optional for all smaller jobs; even at or below the simplified acquisition threshold, the CO may still include it, and for hazardous or long-duration work Alternate I may be required.
For service contracts at Government facilities, the decision depends on technical advice, so contracting staff should coordinate early with facility and safety personnel rather than waiting until award.
If a contractor is told to correct a serious or imminent danger, the CO should not treat that as an internal-only issue; the rule contemplates notifying OSHA or other cognizant officials when appropriate.
Failure to include the correct clause can weaken the Government’s ability to require preventive measures, enforce safety expectations, and document responsibility for hazardous work.
Official Regulatory Text
(a) The contracting officer shall insert the clause at 52.236-13 , Accident Prevention, in solicitations and contracts when a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. The contracting officer may insert the clause in solicitations and contracts when a fixed-price construction or a fixed-price contract for dismantling, demolition, or removal of improvements is contemplated and the contract amount is expected to be at or below the simplified acquisition threshold. If the contract will involve work of a long duration or hazardous nature, the contracting officer shall use the clause with its AlternateI. (b) The contracting officer shall insert the clause or the clause with its AlternateI in solicitations and contracts when a contract for services to be performed at Government facilities (see 48 CFR Part 37 ) is contemplated, and technical representatives advise that special precautions are appropriate. (c) The contracting officer should inform the Occupational Safety and Health Administration (OSHA), or other cognizant Federal, State, or local officials, of instances where the contractor has been notified to take immediate action to correct serious or imminent dangers.