31.205-19 Insurance and indemnification.

(a) Insurance by purchase or by self-insuring includes-

(1) Coverage the contractor is required to carry or to have approved, under the terms of the

contract; and

(2) Any other coverage the contractor maintains in connection with the general conduct of its

business.

(b) For purposes of applying the provisions of this subsection, the Government considers insurance

provided by captive insurers (insurers owned by or under control of the contractor) as selfinsurance, and charges for it shall comply with the provisions applicable to self-insurance costs in

this subsection. However, if the captive insurer also sells insurance to the general public in

substantial quantities and it can be demonstrated that the charge to the contractor is based on

competitive market forces, the Government will consider the insurance as purchased insurance.

(c) Whether or not the contract is subject to CAS, self-insurance charges are allowable subject to

paragraph (e) of this subsection and the following limitations:

(1) The contractor shall measure, assign, and allocate costs in accordance with 48 CFR9904.416,

Accounting for Insurance Costs.

(2) The contractor shall comply with (48 CFR) part 28. However, approval of a contractor’s

insurance program in accordance with part 28 does not constitute a determination as to the

allowability of the program’s cost.

(3) If purchased insurance is available, any self-insurance charge plus insurance administration

expenses in excess of the cost of comparable purchased insurance plus associated insurance

administration expenses is unallowable.

(4) Self-insurance charges for risks of catastrophic losses are unallowable (see 28.308(e)).

(d) Purchased insurance costs are allowable, subject to paragraph (e) of this subsection and the

following limitations:

(1) For contracts subject to full CAS coverage, the contractor shall measure, assign, and allocate

costs in accordance with 48 CFR9904.416.

(2) For all contracts, premiums for insurance purchased from fronting insurance companies

(insurance companies not related to the contractor but who reinsure with a captive insurer of the

contractor) are unallowable to the extent they exceed the sum of-

(i) The amount that would have been allowed had the contractor insured directly with the captive

insurer; and

(ii) Reasonable fronting company charges for services rendered.

(3) Actual losses are unallowable unless expressly provided for in the contract, except-

(i) Losses incurred under the nominal deductible provisions of purchased insurance, in keeping with
sound business practice, are allowable; and

(ii) Minor losses, such as spoilage, breakage, and disappearance of small hand tools that occur in the

ordinary course of business and that are not covered by insurance, are allowable.

(e) Self-insurance and purchased insurance costs are subject to the cost limitations in the following

paragraphs:

(1) Costs of insurance required or approved pursuant to the contract are allowable.

(2) Costs of insurance maintained by the contractor in connection with the general conduct of its

business are allowable subject to the following limitations:

(i) Types and extent of coverage shall follow sound business practice, and the rates and premiums

shall be reasonable.

(ii) Costs allowed for business interruption or other similar insurance shall be limited to exclude

coverage of profit.

(iii) The cost of property insurance premiums for insurance coverage in excess of the acquisition cost

of the insured assets is allowable only when the contractor has a formal written policy assuring that

in the event the insured property is involuntarily converted, the new asset shall be valued at the

book value of the replaced asset plus or minus adjustments for differences between insurance

proceeds and actual replacement cost. If the contractor does not have such a formal written policy,

the cost of premiums for insurance coverage in excess of the acquisition cost of the insured asset is

unallowable.

(iv) Costs of insurance for the risk of loss of Government property are allowable to the extent that-

(A) The contractor is liable for such loss;

(B) The contracting officer has not revoked the Government’s assumption of risk (see 45.104(b)); and

(C) Such insurance does not cover loss of Government property that results from willful misconduct

or lack of good faith on the part of any of the contractor’s managerial personnel (as described in

FAR 52.245-1(h)(1)(ii)).

(v) Costs of insurance on the lives of officers, partners, proprietors, or employees are allowable only

to the extent that the insurance represents additional compensation (see 31.205-6).

(3) The cost of insurance to protect the contractor against the costs of correcting its own defects in

materials and workmanship is unallowable. However, insurance costs to cover fortuitous or casualty

losses resulting from defects in materials or workmanship are allowable as a normal business

expense.

(4) Premiums for retroactive or backdated insurance written to cover losses that have occurred and

are known are unallowable.

(5) The Government is obligated to indemnify the contractor only to the extent authorized by law, as

expressly provided for in the contract, except as provided in paragraph (d)(3) of this subsection.

(6) Late premium payment charges related to employee deferred compensation plan insurance

incurred pursuant to Section 4007 (29 U.S.C.1307) or Section 4023 (29 U.S.C.1323) of the Employee
Retirement Income Security Act of1974 are unallowable.

Parent topic: 31.205 Selected costs.