(d)(90) Contracting offices shall consider FAR 28.305 and DPAP memo, subject: Inclusion of Defense Base Act Clause in DoD Overseas Contracts, dated December 8, 2003, when contracts involving performance outside the United States are anticipated. For Defense Base Act waivers, see the mandatory procedures at DLAD PGI 28.305. Consult the servicing Office of Counsel concerning applicability to particular acquisitions.
