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Clauses · FAR · Insurance and liability

FAR 52.228-3 Workers' Compensation Insurance (Defense Base Act)

Does the regulation require it to flow down?

Yes

(c): 'insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies'

Form
substance
Reaches
all tiers

Checked against acquisition.gov on 2026-08-04 · edition JUL 2014 · base v0.9.3 Read the text ↗

What it makes you produce

5 items for your checklist, slowest first.

  1. Something somebody else has to issue you

    The same day if the issuer is one of your own suppliers, months if it is an assessor or an underwriter.

    • Defense Base Act cover in force before performance starts — a workers' compensation policy written under the Longshore Act as extended by that Act, or qualification as a self-insurer

      FAR 52.228-3(a)(1)

  2. Something you fill in and send back4

    Hours, once you know which one is missing.

    • Form LS-202, the employee's first report of injury or occupational illness, to the Department of Labor

      Owed within ten days of an employee's injury or death, or of the day you learn of it

      FAR 52.228-3(a)(2)
    • Form LS-207, notice of controversion of right to compensation, to the Department of Labor

      Owed when you contest the right to compensation

      FAR 52.228-3(a)(5)
    • Form LS-206, payment of compensation without award, to the Department of Labor

      Owed immediately upon making the first payment of compensation in a case

      FAR 52.228-3(a)(6)
    • Form LS-208, notice of final payment or suspension of compensation payments, to the Department of Labor

      Owed when payments are suspended and when the final payment is made

      FAR 52.228-3(a)(7)

When it is used

Kicks in when the Defense Base Act applies to employment under the contract — as a rule, work on a military base or US public work/service outside American territory (prescription 28.309(a)); no dollar threshold. Flows down via (c) to every subcontract to which the DBA applies.

Read closely

An ordinary state workers' compensation policy does not answer (a)(1), and the cover is maintained until performance is complete. The four Labor forms are the whole reporting chain around one injury — first report, controversion, first payment, last payment — and (a)(3) and (a)(4) are the money and the medical care behind them, paid on the statutory schedule. (a)(8) picks up everything else in the Longshore Act and 20 CFR parts 701 to 704. The certificate is what a prime asks for before anyone flies out.

The 8 templates that name it, with the line
233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 928105Raytheon TC-002 — Supplement 1: Government Contract Provisions from the FARRTXline 102255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1062243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1983240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2070106L3Harris LGL-50.F2 — General T&C and Flowdown Clauses for Commercial Products/Services under a U.S. Government ContractL3Harrisline 1629273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 608178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1447

Source: acquisition.gov, FAR 52.228-3 and 28.309(a) (verified 2026-08-04)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.