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FAR and DFARS › FAR Part 28: Bonds and Insurance › Subpart 28.3

FAR 28.309 Contract clauses for workers' compensation insurance.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to include two specific workers' compensation insurance clauses in solicitations and contracts. It matters to contractors because if your contract falls into these categories, the clause will be in your contract and you must comply with its insurance requirements.

Applies to: Contracting officers and contractors on public-work contracts performed outside the United States or contracts financed under the Foreign Assistance Act of 1961

Key terms: Workers' Compensation Insurance (Defense Base Act) · Workers' Compensation and War-Hazard Insurance Overseas · Defense Base Act · public-work contract · Foreign Assistance Act of 1961

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(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 of 1961 (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, Workers' 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)).

Sections it refers to

  • 52.228-3 Workers' Compensation Insurance (Defense Base Act).
  • 28.305 Overseas workers' compensation and war-hazard insurance.
  • 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas.

Sections that refer to it

  • 52.228-3 Workers' Compensation Insurance (Defense Base Act).
  • 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas.

← 28.308 Self-insurance. · 28.310 Contract clause for work on a Government installation. →

Rule changes for FAR Part 28

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 28.309 Contract clauses for workers' compensation insurance · SpendQuery