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Electronic Code of Federal Regulations

e-CFR data is current as of May 28, 2020

Title 48Chapter 6Subchapter HPart 652Subpart 652.2 → §652.228-70


Title 48: Federal Acquisition Regulations System
PART 652—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 652.2—Text of Provisions and Clauses


652.228-70   Defense Base Act—Covered Contractor Employees.

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 lawsLocal 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 lawsLocal 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]

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