FAR 52.228-8 — Liability and Insurance-Leased Motor Vehicles

Contract clause · dated May 1999 · prescribed in FAR 28.312 · current through FAC 2026-01

In plain English

FAR 52.228-8, Liability and Insurance-Leased Motor Vehicles, is a contract clause prescribed at FAR 28.312, most recently dated May 1999. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its text contains no sentence requiring insertion into subcontracts; see the flowdown section below for what that does and does not mean.

Does it flow down to subcontracts?

No flowdown mandate found in the clause text

We scanned the full clause text and found no sentence directing the contractor to insert this clause into subcontracts. That is a statement about the text, not legal advice: a prime contractor may still flow terms down contractually, an agency supplement (DFARS, VAAR, …) may add requirements, and clauses listed below (if any) may order this clause into subcontracts from the outside.

Where it's prescribed

As prescribed in 28.312 , insert the following clause:

Prescribing reference: FAR 28.312.

The official text, verbatim

FAR 52.228-8 · May 1999 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

As prescribed in 28.312 , insert the following clause:

Liability and Insurance-Leased Motor Vehicles (May 1999)

  • (a) The Government shall be responsible for loss of or damage to-

    • (1) Leased vehicles, except for-

      • (i) Normal wear and tear; and

      • (ii) Loss or damage caused by the negligence of the Contractor, its agents, or employees; and

    • (2) Property of third persons, or the injury or death of third persons, if the Government is liable for such loss, damage, injury, or death under the Federal Tort Claims Act (28 U.S.C. 2671-2680).

  • (b) The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

  • (c) The Contractor shall provide and maintain insurance covering its liabilities under paragraph (b) of this clause, in amounts of at least $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence for property damage or loss.

  • (d) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after written notice to the Contracting Officer, whichever period is longer. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

  • (e) The contract price shall not include any costs for insurance or contingency to cover losses, damage, injury, or death for which the Government is responsible under paragraph (a) of this clause.

(End of clause)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.