48 CFR § 652.228-70 - 652.228-70 Defense Base Act—Covered Contractor Employees.

---
identifier: "/us/cfr/t48/s652.228-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 652.228-70 - 652.228-70   Defense Base Act—Covered Contractor Employees."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "652.228-70"
section_name: "652.228-70   Defense Base Act—Covered Contractor Employees."
chapter_number: 6
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "H"
subchapter_name: "CLAUSES AND FORMS"
part_number: "652"
part_name: "SOLICITATION PROVISIONS AND CONTRACT CLAUSES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1."
regulatory_source: "53 FR 26177, July 11, 1988, unless otherwise noted."
cfr_part: "652"
---


# 652.228-70 652.228-70   Defense Base Act—Covered Contractor Employees.

As prescribed in 628.309-70(a), insert the following provision:

****Defense Base Act—Covered Contractor Employees (FEB 2015)

(a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees:

| Category | Yes/No | Number |
| --- | --- | --- |
| (1) United States citizens or residents |  |  |
| (2) Individuals hired in the United States, regardless of citizenship |  |  |
| (3) Local nationals or third country nationals where contract performance takes place in a country where there are no local workers' compensation laws |  | Local nationals:____________________Third country nationals:____________________ |
| (4) Local nationals or third country nationals where contract performance takes place in a country where there are local workers' compensation laws |  | Local nationals:____________________Third country nationals:____________________ |

(b) The contracting officer has determined that for performance in the country of [contracting officer insert country of performance and check the appropriate block below]

□ Workers' compensation laws exist that will cover local nationals and third country nationals.

□ Workers' compensation laws do not exist that will cover local nationals and third country nationals.

(c) If the bidder/offeror has indicated “yes” in block (a)(4) of this provision, the bidder/offeror shall not purchase Defense Base Act insurance for those employees. However, the bidder/offeror shall assume liability toward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR 52.228-4.

****(End of provision)

[71 FR 34841, June 16, 2006; 71 FR 41177, July 20, 2006; 80 FR 6932, Feb. 9, 2015]