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Office of the under secretary of defense: 3000 defense pentagon Washington, D.C. 20301-3000.


DPAP/EB

MEMORANDUM FOR DIRECTORS OF THE DEFENSE AGENCIES

DEPUTY ASSISTANT SECRETARY OF THE ARMY (POLICY AND PROCUREMENT), ASA Asa (ā`sə), in the Bible, king of Judah, son and successor of Abijah. He was a good king, zealous in his extirpation of idols. When Baasha of Israel took Ramah (a few miles N of Jerusalem), Asa bought the help of Benhadad of Damascus and (ALT)

DEPUTY ASSISTANT SECRETARY OF THE NAVY Assistant Secretary of the Navy (abbrev. "ASN") is the title given to certain senior officials in the U.S. Department of the Navy. They serve as chief assistants to the Secretary of the Navy (SECNAV).  (ACQUISITION MANAGEMENT), ASN (1) (Autonomous System Number) A unique identifier of an autonomous system on the Internet. Of the 65 thousand ASNs available, more than 30 thousand have been assigned to ISPs and NSPs. ISPs usually have only one ASN, but NSPs may have more than one. (RD & A)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC

EXECUTIVE DIRECTOR, ACQUISITION, TECHNOLOGY AND SUPPLY DIRECTORATE (DLA DLA

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DIRECTOR, ADMINISTRATION AND MANAGEMENT

SUBJECT: Inclusion of Defense Base Act Clause in DoD Overseas Contracts

It has come to my attention that there may be some inconsistency within the Department regarding the inclusion of the Workers' Compensation workers' compensation, payment by employers for some part of the cost of injuries, or in some cases of occupational diseases, received by employees in the course of their work.  Insurance (Defense Base Act) clause at FAR 52.228-3 in our contracts to be performed outside of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . This clause, which is prescribed by FAR 28.309(a), requires contractors to provide the workers' compensation insurance mandated by the Defense Base Act (42 U.S.C. 1651, et seq et seq. (et seek) n. abbreviation for the Latin phrase et sequentes meaning "and the following." It is commonly used by lawyers to include numbered lists, pages or sections after the first number is stated, as in "the rules of the road are found in Vehicle Code .) for their overseas workers. FAR 28.305 provides additional implementing guidance on this subject, including a definition of the key term "public-work contract."

[ILLUSTRATION OMITTED]

I want to emphasize that the Workers' Compensation Insurance (Defense Base Act) clause at FAR 52.228-3 should be included in all DoD service contracts to be performed (either entirely or in part) outside of the United States, as well as in all supply contracts that also require the performance of employee services overseas. This is consistent with the very broad definition of "public-work contract" at FAR 28.305, which would include virtually all DoD contracts for construction, repair, or any other national defense-related service performed overseas.

In addition, while FAR 28.309(b) prescribes inclusion of the Workers' Compensation and War Hazard Insurance Hazard Insurance

Insurance protecting a property owner against damages caused by fires or severe storms. If the owner lives in an area that is prone to natural disasters, like earthquakes and floods, he or she may need a separate policy.
 Overseas clause at FAR 52.228-4 when the Secretary of Labor has waived the applicability of the Defense Base Act, such waivers are granted only for foreign nationals hired outside of the United States. Even when a waiver has been granted, both of the clauses at FAR 52.228-3 and 52.228-4 should be included in DoD service or supply contracts if any contract services will be performed overseas by employees to whom the waiver does not apply, such as United States citizens or foreign nationals hired within the United States.

Please ensure that this memorandum is widely disseminated within your organizations. Questions may be directed to Mr. Christopher Werner of my staff at (703) 695-9764 or Christopher.Werner@osd.mil.

Deidre A. Lee

Director, Defense Procurement and Acquisition Policy
COPYRIGHT 2004 Defense Acquisition University Press
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Policy & Legislation
Author:Lee, Deidre A.
Publication:Defense AT & L
Date:Mar 1, 2004
Words:396
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