Self-Insurance Letter
(Federal Agency)

Summary

This form is a template that federal agencies (of the executive branch) can use to provide proof of insurance when requested by a non-federal entity (NFE) or in some circumstances, by a contractor. This template includes practical guidance and drafting notes. Federal agencies typically do not carry private insurance. Under the Federal Claims Tort Act (28 U.S.C. § 1346), the federal government waives sovereign immunity in the case of torts caused by the negligent/wrongful act or omission by an employee of the federal government under the scope of employment. Consequently, agencies are self-insured and have template memoranda in this regard such as is set forth in this template. For a listing of federal government contracting resources, see Federal Government Contracting Resource Kit. For a discussion regarding the FTCA, see ARTICLE: Federal Tort Claims at the Agency Level: The FTCA Administrative Process, 35 Case W. Res. 509, When Is Federal Agency Employee Independent Contractor, Creating Exception to United States Waiver of Immunity Under Federal Tort Claims Act (28 U.S.C.A. § 2671), 166 A.L.R. Fed. 187 (D. Md. March 14, 1986), Administrative Law § 6A.04, "Establishing Government Liability," and Statute of limitations under Federal Tort Claims Act (28 U.S.C.A. § 2401(b)), 29 A.L.R. Fed. 482.