As prescribed in 628.309-70(a), insert the following provision:
DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES (JUN 2006)
(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
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Yes/No
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Number
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(1) United States citizens or residents
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|
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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 workers’ compensation laws
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Local nationals:
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______________
_____________
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|
|
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(4) Local nationals or third country nationals where contract performance takes place in a country where there are local workers’ compensation laws
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Local nationals:
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______________
_____________
(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.
(d) If the bidder/offeror has indicated “yes” in blocks (a)(1), (2), or (3) of this provision, the bidder/offeror shall compute Defense Base Act insurance costs covering those employees pursuant to the terms of the contract between the Department of State and the Department’s Defense Base Act insurance carrier at the rates specified in DOSAR 652.228-74, Defense Base Act Insurance Rates - Limitation. If DOSAR provision 652.228-74 is not included in this solicitation, the bidder/offeror shall notify the contracting officer before the closing date so that the solicitation can be amended accordingly.
(End of provision)
