samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/37/37.4/37.403

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
      • 37.000Scope of part.
      • 37.1Subpart 37.1
      • 37.2Subpart 37.2
      • 37.3Subpart 37.3
      • 37.4Subpart 37.4
        • 37.400Scope of subpart.
        • 37.401Policy.
        • 37.402Contracting officer responsibilities.
        • 37.403Contract clause.
      • 37.5Subpart 37.5
      • 37.6Subpart 37.6
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 37.4
    SectionUpdated April 16, 2026

    FAR 37.403—Contract clause.

    Plain-English Summary

    FAR 37.403 tells contracting officers when to use the contract clause at 52.237-7, Indemnification and Medical Liability Insurance, for nonpersonal health care services. Its purpose is to make sure the Government addresses liability and insurance issues up front when it buys health care services from a contractor rather than from an employee or personal-services relationship. The section has two main parts: a mandatory rule for solicitations and contracts for nonpersonal health care services, and a discretionary rule allowing the clause to be added to bilateral purchase orders awarded under FAR part 13 procedures. In practice, this means the contracting officer must identify whether the requirement is for nonpersonal health care services and then decide whether the clause must be included or may be added depending on the acquisition method. For contractors, the clause can affect pricing, insurance coverage, risk allocation, and compliance obligations, so it is important to know whether the clause is required before submitting an offer or accepting an order.

    Key Rules

    Mandatory clause use

    The contracting officer must insert FAR 52.237-7, Indemnification and Medical Liability Insurance, in solicitations and contracts for nonpersonal health care services. This is a required clause, not a discretionary one, when the acquisition falls within that category.

    Applies to nonpersonal services

    The rule applies only to nonpersonal health care services, meaning the services are contracted for as an independent contractor relationship rather than as personal services. Correctly classifying the requirement is essential because the clause requirement depends on that distinction.

    Optional for bilateral purchase orders

    The contracting officer may include the clause in bilateral purchase orders for nonpersonal health care services awarded under FAR part 13 procedures. This gives the Government flexibility to add the clause when using simplified acquisition methods, but it is not mandatory in every such purchase order.

    Clause placement matters

    The requirement is to insert the clause in the solicitation and contract, which means offerors should see the indemnification and insurance terms before award. Early inclusion helps ensure pricing, risk assumptions, and insurance commitments are addressed during competition or negotiation.

    Responsibilities

    Contracting Officer

    Determine whether the requirement is for nonpersonal health care services and, if so, insert FAR 52.237-7 in the solicitation and contract. For bilateral purchase orders under FAR part 13, decide whether to include the clause based on the acquisition circumstances and document the decision as appropriate.

    Contractor

    Review the solicitation or order for the indemnification and medical liability insurance clause, confirm the ability to comply, and account for any insurance or risk-allocation requirements in pricing and performance planning. If the clause is included, the contractor must meet the contractual obligations it imposes.

    Agency

    Ensure acquisition personnel correctly identify nonpersonal health care service requirements and use the proper clause when required. Agencies should also support consistent policy and oversight so the clause is applied uniformly where applicable.

    Practical Implications

    1

    Contracting officers should verify the service classification early; if the work is actually personal services or otherwise mischaracterized, the clause decision may be wrong.

    2

    Contractors should check for the clause before final pricing because indemnification and medical liability insurance requirements can materially affect cost and risk.

    3

    For simplified acquisitions, bilateral purchase orders do not automatically require the clause, so officers need to make an affirmative decision rather than assume it is included.

    4

    Failure to include a required clause can create compliance problems, while including it unnecessarily can impose avoidable burden or confusion on the contractor.

    5

    Because the clause addresses both indemnification and medical liability insurance, contractors should confirm that their insurance coverage and internal risk controls align with the contract terms before performance begins.

    Official Regulatory Text

    The contracting officer shall insert the clause at 52.237-7 , Indemnification and Medical Liability Insurance, in solicitations and contracts for nonpersonal health care services. The contracting officer may include the clause in bilateral purchase orders for nonpersonal health care services awarded under the procedures in part  13 .

    Back to 37.4FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy