Auto Insurance
Q1: When do I need a commercial auto insurance policy?
A1: You will need commercial auto insurance when you are using a vehicle as part of fulfilling the contract. This requirement applies if you are leasing a vehicle, using a company vehicle, or a personally owned vehicle. You do not need commercial auto insurance to cover commuting from your home to the place where the work is being conducted or to return home. If the use of a personally owned vehicle is strictly getting from job site to job site, then a “hired and non-owned” endorsement to the private passenger coverage will suffice.
Q2: Can I use my personal vehicle and, therefore, would my personal auto insurance comply with the auto insurance requirement in a contract?
A2: Unless prohibited in the contract, you can use your personal vehicle. Your personal auto insurance will satisfy the commercial auto insurance requirement if it has a “hired and non-owned” endorsement. The requirement to have auto insurance is in place, in part, to comply with the District of Columbia’s Compulsory / No-Fault Motor Vehicle Insurance Act, which stipulates that while you have and drive a vehicle, you must maintain minimum, continuous, insurance liability coverage. For general coverage questions, ask your insurance agent, broker or carrier.
Q3: Do I still need to get auto insurance even though I will not use a vehicle to get to a location and I am not required to drive a vehicle as part of the contract?
A3: If you are not driving a vehicle to or from a location and are not required to drive as part of the contract, then, no, you do not need to buy auto insurance. The requirement to have auto insurance is in place, in part, to comply with the District of Columbia’s Compulsory/No-Fault Motor Vehicle Insurance Act, which stipulates that while you have and drive a vehicle, you must maintain minimum, continuous, insurance liability coverage. For general coverage questions, ask your insurance agent, broker or carrier.
Workers’ Compensation
Q1: If my organization has no employees, do I need to purchase workers’ compensation?
A1: Employers with one or more employees are required to obtain coverage for all their employees in the District of Columbia. Sole proprietors, casual workers, and unpaid volunteers are not required to obtain workers’ compensation insurance; however, these workers may be required to show evidence of workers’ compensation coverage to comply with RFP requirements. Under certain circumstances, if a subcontractor does not have workers compensation coverage, the contractor is required to provide coverage §31-1503 (2)(c). The workers’ compensation insurance requirement in contracts is in place, in part, to comply with the District of Columbia Workers’ Compensation Act of 1979, D.C. Law 3-77 (as amended). For general coverage questions, ask your insurance agent, broker, or carrier. The District’s Department of Employment Services is also available for questions: Labor Standards Bureau, Office of Workers’ Compensation, 4058 Minnesota Avenue, NE, 3rd Floor, Washington, DC 20019, (202) 671-1000, does.dc.gov.
Sexual Abuse and Molestation
Q1: When is sexual abuse and molestation insurance required?
A1: Any party contracted with, provided money by, or permitted by the District Government and who will be directed to work with or be performing activities in the vicinity of a vulnerable population (e.g., children, unhoused, differently-abled, seniors, migrants) are required to carry sexual abuse and molestation insurance.
Subcontracting
Q1: As a primary contractor, do I have to require the same insurance of my subcontractors as stated in the contract?
A1: All subcontractors engaged by the primary contractor for work under a contract are required to have the same insurance required of the primary contractor. Should the contractor wish to propose different insurance requirements than outlined in the contract, then, prior to the solicitation period ending, the primary contractor must submit in writing the name and brief description of work to be performed by the subcontractor and what changes in insurance it requests for the respective subcontractor. Ultimately, the primary contractor is responsible for managing the insurance of its subcontractors.
Q2: If I am the primary contractor but most, if not all, the work is performed by my subcontractors, do I still have to have all the required insurance in place?
A2: Yes. Since the contract is with the primary contractor, the primary contractor must have all the required insurance in place.
Q3: As a subcontractor, do I have to carry all the insurance required by the primary contractor?
A3: All subcontractors engaged by the primary contractor for work under a contract are required to have the same insurance required of the primary contractor. However, should the primary contractor wish to propose different insurance requirements than outlined in the contract, then, prior to the solicitation period ending, the primary contractor must submit in writing the name and brief description of work to be performed by the subcontractor and what changes in insurance it requests for the respective subcontractor. Ultimately, the primary contractor is responsible for managing the insurance of its subcontractors.
Resources
Q1: Is the District Government currently offering financial assistance to buy the required insurance for its contracts?
A1: Currently, no financial assistance program in place related to covering minimum insurance standards for those contracting and procuring with District Government; however, the Administration values feedback from contracting and procurement entities and will continue collaborating to brainstorm new ways to best assist local businesses who face barriers and challenges with meeting insurance requirements due to costs.
Q2: How should certificates of insurance (COIs) be addressed and where should they go and when?
A2: The Contractor must send to Contracting Officer (CO), at least 10 days after execution of this Agreement, certificates of insurance evidencing the required insurance coverage and endorsements required herein. Contractor must also provide us with evidence of renewal before the expiration date of each insurance policy. Contractor is responsible for providing the District Government with 30 days advanced written notice if the certificate of insurance by the insurer has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance must reference the corresponding contract number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
(Name of Contracting Officer/Agency)
(Address)
(Phone Number)
(Email Address)
The CO may request, and the Contractor shall promptly deliver, updated certificates of insurance, endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the insurance initially obtained by the Contractor expires prior to completion of the contract, renewal certificates of insurance and additional insured and other endorsements shall be furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage required to be maintained after completion, an additional certificate of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or replaced).
Contact Information
- For a specific solicitation, contact the respective Contracting Officer listed in the solicitation.
- For general contracting questions, contact the Procurement Center of Excellence’s Customer Contact Center by phone (202) 724-4477 or email [email protected].
- For general questions about minimum insurance standards for contracting, contact the Office of Risk Management by phone (202) 727-8600 or email [email protected].
- For general insurance questions, contact your insurance agent, broker or carrier. The Department of Insurance, Securities and Banking is also available for questions by phone (202) 727-8000 or email [email protected].