FAR 52.237-2—Protection of Government Buildings, Equipment, and Vegetation.
Plain-English Summary
FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation, is a risk-allocation clause used in service contracts performed on Government installations when the work is not a construction contract. It tells contractors that they must use reasonable care to avoid damaging existing Government property, specifically buildings, equipment, and vegetation, while performing on-site services. The clause also explains what happens if damage occurs because the contractor did not use reasonable care: the contractor must repair or replace the damage at no expense to the Government, as directed by the Contracting Officer. If the contractor does not make the required repair or replacement, the Government may recover the cost, including by deducting it from the contract price. In practice, this clause protects the Government’s facilities and grounds, gives the Contracting Officer authority to direct the remedy, and puts contractors on notice that careless performance can create direct financial liability. It is a straightforward but important clause for any contractor working on a federal installation because it affects site protection practices, supervision, insurance/risk planning, and how damage claims are handled during performance.
Key Rules
Applies to on-site services
This clause is prescribed for solicitations and contracts for services performed on Government installations. It is not used when a construction contract is contemplated, because construction work is governed by different clauses and risk provisions.
Use reasonable care
The contractor must take reasonable care to avoid damaging existing buildings, equipment, and vegetation on the installation. The standard is not absolute protection, but it does require prudent, careful performance consistent with the work and site conditions.
Contractor pays for negligent damage
If damage results from the contractor’s failure to use reasonable care, the contractor must repair or replace the damaged property at no expense to the Government. The obligation is tied to contractor fault, not to damage caused by unavoidable conditions or Government-caused events.
Contracting Officer directs remedy
The Contracting Officer decides whether repair or replacement is required and directs how the contractor must correct the damage. The contractor must follow that direction and cannot unilaterally choose a different remedy if the Government specifies one.
Government may recover costs
If the contractor fails or refuses to repair or replace the damage, the contractor is liable for the cost. The Government may deduct that amount from the contract price, which gives it a direct administrative recovery mechanism.
Responsibilities
Contractor
Use reasonable care during performance to avoid damaging Government buildings, equipment, and vegetation; promptly repair or replace any damage caused by its failure to use reasonable care; comply with the Contracting Officer’s direction on the remedy; and bear the cost if it does not perform the required correction.
Contracting Officer
Determine and direct the appropriate repair or replacement when contractor-caused damage occurs; enforce the contractor’s obligation to restore the damaged property; and, if necessary, recover the Government’s cost by deducting it from the contract price.
Government installation / Agency
Provide the site where the services are performed and identify the affected Government property; assess damage and support the Contracting Officer’s direction and cost recovery actions when contractor negligence causes harm.
Practical Implications
Contractors should plan for site protection before work starts: use barriers, protective coverings, equipment controls, and employee briefings to prevent avoidable damage to landscaping, fixtures, and installed equipment.
The key trigger is failure to use reasonable care, so documentation matters. Contractors should keep records of site conditions, protective measures, incident reports, and communications with the Contracting Officer to help resolve disputes over fault.
This clause can create direct financial exposure beyond ordinary performance costs. Contractors should consider insurance, supervision, and subcontractor controls, especially on occupied installations with sensitive equipment or maintained grounds.
If damage occurs, the contractor should notify the Government quickly and wait for direction rather than making assumptions about the required fix. Delayed reporting or unauthorized repairs can complicate cost recovery and acceptance of the remedy.
Contracting Officers should document the damage, the basis for finding contractor fault, and the repair/replacement direction. Clear documentation helps support any later deduction from the contract price if the contractor does not correct the damage voluntarily.
Official Regulatory Text
As prescribed in 37.110 (b) , insert the following clause in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated: Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. (End of clause)