[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR752.228-3]



[Page 62]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 752_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

              Subpart 752.2_Texts of Provisions and Clauses

 

Sec. 752.228-3  Worker's compensation insurance (Defense Base Act).



    As prescribed in 728.309, the following supplemental coverage is to 

be added to the clause specified in FAR 52.228-3 by the USAID 

contracting officer.



    (a) The Contractor agrees to procure Defense Base Act (DBA) 

insurance pursuant to the terms of the contract between USAID and 

USAID's DBA insurance carrier unless the Contractor has a DBA self 

insurance program approved by the Department of Labor or has an approved 

retrospective rating agreement for DBA.

    (b) If USAID or the contractor has secured a waiver of DBA coverage 

(see AIDAR 728.305-70(a)) for contractor's employees who are not 

citizens of, residents of, or hired in the United States, the contractor 

agrees to provide such employees with worker's compensation benefits as 

required by the laws of the country in which the employees are working, 

or by the laws of the employee's native country, whichever offers 

greater benefits.

    (c) The Contractor further agrees to insert in all subcontracts 

hereunder to which the DBA is applicable, a clause similar to this 

clause, including this sentence, imposing on all subcontractors a like 

requirement to provide overseas workmen's compensation insurance 

coverage and obtain DBA coverage under the USAID requirements contract.



[53 FR 50631, Dec. 16, 1988, as amended at 54 FR 16122, Apr. 21, 1989; 

56 FR 67226, Dec. 30, 1991]