FAR 52.228-4 - Workers' Compensation and War-Hazard Insurance Overseas
Prescribed in 28.309(b) | |
Effective Date: | 1 April 1984 |
Clause or Provision: | Clause |
Provision or Clause Number: | 52.228-4 - Workers' Compensation and War-Hazard Insurance Overseas |
Principle Type And/Or Purpose of Contract: | |
Required: | |
Applicable: | Architect-Engineering; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service |
Optional: | Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Supply |
Subject: | |
ProcurementType: | |
Contract Threshold: | |
Prescription Overview: |
Prescription(b) The contracting officer shall insert the clause at 52.228-4, Worker’s Compensation and War-Hazard Insurance Overseas, in solicitations and contracts when the contract will be a public-work contract performed outside the United States and the Secretary of Labor waives the applicability of the Defense Base Act (see 28.305(d)). |
Clause Overview: |
Clause(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers’ compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall (1) provide, before commencing performance under this contract, at least that workers’ compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers’ compensation insurance coverage.
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Important Notes/Requirements: |
Only applies to contracts in a War Zone |
Subcontract Threshold: | |
Incorporated by Reference: | Yes |
Uniform Contract Format: | I |
Editor: | Marshall |
Personal notes.