As prescribed in 628.309-70(a), the contracting officer shall insert the provision at 652.228-70, Defense Base Act – Covered Contractor Employees, in all solicitations for services and construction to be performed outside of the United States.
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:
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Category |
Yes/No |
Number |
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(1) United States citizens or residents |
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(2) Individuals hired in the United States, regardless of citizenship |
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(3) Local nationals or third country nationals where contract performance takes place in a country where there are no local worker’s compensation laws |
Local Nationals: Third Country Nationals: |
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(4) Local nationals or third country nationals where performance takes place in a country where there are local worker’s 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] –
Worker’s compensation laws exist that will cover local nationals and third country nationals.
Worker’s 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)
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