DBA_Insurance_Q&A.docx

REQUIREMENT FOR CONTRACT AWARDEE TO OBTAIN DEFENSE BASE ACT INSURANCE BEFORE WORK COMMENCES

We have extended the period to send proposals until May 29th 2018 at 15:00 as there has been some confusion regarding the requirement for the awardee obtain Defense Base Act insurance (see section 3 of the solicitation). This DBA insurance is in addition to the General Liability and any other legal insurance required by local law.

Here is more information:

Background. The Defense Base Act (DBA) provides workers' compensation protection to employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or for national defense (see FAR 28.305 for definition of public works). The Department of Labor has interpreted the FAR definition to include all Department of State service and construction contracts. DBA is generally required for all public works contracts performed overseas (see FAR 28.309 Contract clauses for workers’ compensation insurance), unless the Secretary of the Department of Labor grants a waiver.

DBA coverage is required for all personnel working on the contract to include American citizens, Individuals hired in the United States or its possessions, regardless of citizenship, Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas, unless the Secretary of Labor has granted a country/territory specific waiver. No waiver has been granted for this gardening contract. Therefore, offerors should investigate the cost of obtaining DBA insurance and include a statement with their bid that they will obtain this insurance if awarded the contract.

A list of all DBA insurance providers is located here:

https://www.dol.gov/owcp/dlhwc/lscarrier.htm

A powerpoint presentation on DBA insurance is located here:

https://www.dol.gov/owcp/dlhwc/lsdba.htm

Please contact The U.S. Embassy Santiago with any questions.

SantiagoSolicitations@state.gov