FAR 28.309

(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 of1961 (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 , 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)).

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