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  • Question

    Does this requirement apply to these sub-contract labor who are not U.S. Citizens?


    Answer

    The clause at FAR 52.228-4, which is used when applicability of the Defense Base Act has been waived, applies to subcontractors as well (see paragraph (b) of the clause). It is also applicable regardless of U.S. citizenship (see "persons" in paragraph (b)). The applicability to subcontractors presumably prevents prime contractors from relying on subcontracted labor for the purpose of avoiding responsibility to provide for workers' protections during performance of federal contracts.

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