As prescribed in 628.309-70(a), insert the following provision:
Defense Base Act—Covered Contractor Employees (FEB 2015)
(a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees:
| Category | Yes/No | Number |
|---|---|---|
| (1) United States citizens or residents | ||
| (2) Individuals hired in the United States, regardless of citizenship | ||
| (3) Local nationals or third country nationals where contract performance takes place in a country where there are no local workers' compensation laws | Local nationals: __________ Third country nationals: __________ |
|
| (4) Local nationals or third country nationals where contract performance takes place in a country where there are local workers' compensation laws | Local nationals: __________ Third country nationals: __________ |
(b) The contracting officer has determined that for performance in the country of [contracting officer insert country of performance and check the appropriate block below]
□ Workers' compensation laws exist that will cover local nationals and third country nationals.
□ Workers' compensation laws do not exist that will cover local nationals and third country nationals.
(c) If the bidder/offeror has indicated “yes” in block (a)(4) of this provision, the bidder/offeror shall not purchase Defense Base Act insurance for those employees. However, the bidder/offeror shall assume liability toward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR 52.228-4.
(End of provision)
[71 FR 34841, June 16, 2006; 71 FR 41177, July 20, 2006; 80 FR 6932, Feb. 9, 2015]
Tried the LawStack mobile app?
Join thousands and try LawStack mobile for FREE today.
- Carry the law offline, wherever you go.
- Download CFR, USC, rules, and state law to your mobile device.
