(a) The contracting officer shall insert the clause at 52.228-3, Workers' Compensation Insurance (Defense Base Act), in solicitations and contracts when the Defense Base Act applies (see 28.305) and—
(1) The contract will be a public-work contract performed outside the United States; or
(2) The contract will be approved or financed under the Foreign Assistance Act of 1961 (Pub. L. 87-195) and is not excluded by 28.305(b)(2).
(b) The contracting officer shall insert the clause at 52.228-4, Workers' 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)).
Notes of Decisions
Willoughby v. United States Ex Rel. United States Dep't of the Army, 730 F.3d 476 (5th Cir. 2013).
“§ 1651 (a) (providing that the Government must provide workers’ compensation coverage to employees on certain military bases); 48 C.F.R. § 28.309 (a) (requiring the Government to provide such coverage to certain contractors by contract pursuant to § 1651(a)); id.”
Makris v. Spensieri Painting, LLC., 669 F. Supp. 2d 201 (D.P.R. 2009).
“SPENSIERI further challenges CORNELL’S immunity claim alleging that: (1) its contract with CORNELL did not cite mandatory DBA language as required by 48 C.F.R. §§ 28.309 and 52.228-3 and (2) an issue of fact remains as to whether CORNELL secured compensation "for the benefit of…”
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