FAR 37.110—Solicitation provisions and contract clauses.
Plain-English Summary
FAR 37.110 tells contracting officers which solicitation provisions and contract clauses must or may be used in service acquisitions, especially when the work will be performed on Government installations or when continuity of service is critical. It specifically addresses the mandatory use of the Site Visit provision at 52.237-1 for most services on Government installations, the mandatory use of the Protection of Government Buildings, Equipment, and Vegetation clause at 52.237-2 for services on Government installations, and the discretionary use of the Continuity of Services clause at 52.237-3 when uninterrupted performance is vital and transition risk is high. It also points contracting officers to FAR 9.508 for conflict-of-interest provisions and clauses that may be important in service procurements, and it reminds them to include any other FAR-prescribed provisions and clauses that apply based on the acquisition’s specific facts and conditions. In practice, this section is about tailoring service solicitations and contracts to the operating environment, protecting Government property, reducing transition disruptions, and ensuring ethics and other mandatory clauses are not overlooked. For contractors, it signals that service contracts may include site access requirements, property-protection obligations, continuity expectations, and conflict-of-interest restrictions that can affect pricing, staffing, and transition planning.
Key Rules
Site visit required for most services
The contracting officer shall insert 52.237-1, Site Visit, in solicitations for services performed on Government installations unless the solicitation is for construction. This gives offerors an opportunity to inspect the site and better understand the work conditions before submitting proposals.
Protect Government property
The contracting officer shall insert 52.237-2, Protection of Government Buildings, Equipment, and Vegetation, in solicitations and contracts for services on Government installations unless a construction contract is contemplated. The clause places responsibility on the contractor to avoid damage to Government property and natural features during performance.
Continuity clause is discretionary
The contracting officer may insert 52.237-3, Continuity of Services, when the services are vital to the Government and must continue without interruption, and when transition to a successor contractor or the Government may be difficult. The clause is intended for high-risk transitions, not routine service buys.
Use for difficult transitions
Examples given for continuity coverage include remote locations and services requiring personnel with special security clearances. These examples show that the clause is especially useful where replacement staffing, access, or logistics could delay performance.
Conflict-of-interest rules may apply
The contracting officer must consider FAR 9.508 and use an appropriate conflict-of-interest provision or clause when the subject is significant in a service acquisition. This helps prevent organizational or personal conflicts that could compromise procurement integrity or performance objectivity.
Include other applicable clauses
The contracting officer shall also insert any other FAR-prescribed provisions and clauses that apply to the acquisition based on its conditions. FAR 37.110 is not a complete clause list; it works alongside other FAR requirements that may be triggered by the type of service, place of performance, or contract structure.
Responsibilities
Contracting Officer
Determine whether the service will be performed on a Government installation and whether the solicitation is for construction or services, then include the required Site Visit and Protection of Government Buildings, Equipment, and Vegetation clauses as applicable. Decide whether the Continuity of Services clause is warranted based on mission criticality and transition risk, and add any conflict-of-interest provisions and other FAR-required clauses that fit the acquisition.
Contractor
Review the solicitation and contract clauses carefully, attend any site visit if offered or required, and account for site conditions, property-protection obligations, continuity expectations, and any conflict-of-interest restrictions in the proposal and performance plan. Plan staffing, transition, and compliance measures to avoid interruption of service or damage to Government property.
Agency/Program Office
Identify whether the services are mission critical, whether uninterrupted performance is necessary, and whether transition challenges such as remote locations or security-clearance requirements make continuity protections advisable. Provide the contracting officer with the operational facts needed to select the right clauses.
Practical Implications
For contractors, a site visit clause can materially affect pricing and risk because it allows inspection of the worksite before proposal submission; skipping the visit can lead to avoidable misunderstandings about access, conditions, or logistics.
The property-protection clause means contractors working on installations must manage vehicles, equipment, personnel, and work methods to avoid damage to buildings, utilities, landscaping, and other Government assets.
The continuity clause is a warning sign that the Government views the service as mission critical; contractors should expect transition planning, possible phase-in/phase-out requirements, and pressure to avoid any performance gap at contract end.
A common pitfall is assuming these clauses are automatic in every service contract; in fact, some are mandatory only in specific settings, while continuity is discretionary and depends on the acquisition circumstances.
Contracting officers should not stop with FAR 37.110 alone; they must also check other FAR parts for additional required provisions and clauses, especially those tied to ethics, security, performance location, and the specific service being acquired.
Official Regulatory Text
(a) The contracting officer shall insert the provision at 52.237-1 , Site Visit, in solicitations for services to be performed on Government installations, unless the solicitation is for construction. (b) The contracting officer shall insert the clause at 52.237-2 , Protection of Government Buildings, Equipment, and Vegetation, in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated. (c) The contracting officer may insert the clause at 52.237-3 , Continuity of Services, in solicitations and contracts for services, when- (1) The services under the contract are considered vital to the Government and must be continued without interruption and when, upon contract expiration, a successor, either the Government or another contractor, may continue them; and (2) The Government anticipates difficulties during the transition from one contractor to another or to the Government. Examples of instances where use of the clause may be appropriate are services in remote locations or services requiring personnel with special security clearances. (d) See 9.508 regarding the use of an appropriate provision and clause concerning the subject of conflict-of-interest, which may at times be significant in solicitations and contracts for services. (e) The contracting officer shall also insert in solicitations and contracts for services the provisions and clauses prescribed elsewhere in the FAR , as appropriate for each acquisition, depending on the conditions that are applicable.