Select Page

Part 2 An introduction to the Procurement Technical Assistance Centers

Are you a Prime or Sub-contractor interested in collaboration and more opportunities?  Chuck Schadl of the Georgia Tech Procurement Assistance Center, GTPAC, takes us on a 2-part journey covering important aspects of the Prime/sub-contractor partnership; 

  1. Requirements for the Prime/Sub-contractor relationship and
  2. The limitations placed on the sub-contractors engaged in government contracting.  

There are more than 90 Procurement Technical Assistance Centers throughout the United States intended to aid small business in the knowledge of government contracting. 

Check out this episode of the Risk GovCon Podcast

Yes, DBA Insurance needed in Puerto Rico!

Yes, DBA Insurance needed in Puerto Rico!

Brian S. Smith is an insurance professional with the Insurance Office of America in Atlanta, GA. He incorporates a process called “Risk Reconnaissance” which is a comprehensive method of uncovering corporate risks and insurable gaps. His work has a focus on government & defense contractors, specializing in Defense Base Act insurance. In addition to blogging, Brian hosts the Risk GovCon Podcast and is one of the founders of Atlanta GovCon.

(more…)

30 commonly asked questions on DBA Insurance

30 commonly asked questions on DBA Insurance

Brian S. Smith is an insurance professional with the Insurance Office of America in Atlanta, GA. He incorporates a process called “Risk Reconnaissance” which is a comprehensive method of uncovering corporate risks and insurable gaps. His work has a focus on government & defense contractors, specializing in Defense Base Act insurance. In addition to blogging, Brian hosts the Risk GovCon Podcast and is one of the founders of Atlanta GovCon.

  The image above published in Vanity Fair, this image portrays US Government Contractors in Sudan-https://www.vanityfair.com/news/business/2014/04/g4s-global-security-company

 

DBA Insurance is made out to be some sort of complex policy that few agents or brokers are familiar with unless they work with government & defense contractors.  To assist in breaking down a few myths, listed are 30 commonly asked questions on DBA Insurance that may clear the air a bit.  Visit https://theriskrecon.com for more details on the defense base act. 

Interested in a quick quote, visit https://www.theriskrecon.com/dba-insurance-quick-quote/

  1. What is Defense Base Act insurance and who must obtain it? DBA Insurance is workers’ compensation insurance.  The difference is it is intended for civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense.  Must be obtained by Employers, Subcontractors, Subordinate contractors.
  2. Is there a legal way to avoid purchasing Defense Base Act insurance? Yes.  Waivers are permitted and granted for local workers however if no local workers’ compensation laws exist, the waiver has no effect and Defense Base Act insurance must be secured.  https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm
  3. What is Public Work?   “Public work” is defined in the Act as any fixed improvement or any project, whether or not fixed, involving construction, alteration, removal or repair for the public use of the United States or its allies. However, “public work” is not limited to construction. It includes any project or operation under service contracts and projects in connection with the national defense or with war activities.
  4. Our contracting officer indicated DBA insurance was not required under our contract.  Are we still considered liable if they told us this? If the Act applies, then Yes.  Your company is still required to obtain Defense Base Act insurance.  The only party responsible for securing coverage is the contractor.  Not responsible for obtaining coverage include the insurance agent or broker; The contracting officer; The contracting agency; The Department of Labor; The State Assigned Risk Pool.  Ultimate liability will fall under the contractor.
  5. Should we consider other insurance in addition to Defense Base Act insurance? Although optional, it is a wise consideration.  Additional insurance programs that routinely compliment, although are not required under the Act include, Business Travel Accident, Kidnap & Ransom, and Life Insurance (with war),
  6. What does DBA provide in the form of “Benefits”? The Defense Base Act provides disability and medical benefits to covered employees injured in the course of or arising from employment and death benefits to eligible survivors of employees killed in the course of employment or who died of causes arising from employment.
  7. To whom and when does the Defense Base Act NOT apply? The Defense Base Act does not apply to the injury or death of (1) an employee subject to the provisions of the Federal Employees’ Compensation Act; (2) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, or profession of the employer; and (3) a master or member of a crew of any vessel.
  8. Does DBA only apply to US Citizens? No.  It applies to all paid workers associated with the contract.  Third-Country Nationals, Local Nationals – Benefits under the DBA are payable regardless of nationality. Therefore, employers should secure insurance coverage for all of their employees working outside the United States under a U.S. government contract, including U.S. citizens and residents, host country nationals (local hires), and third country nationals (hired from another country to perform work in the host country).  I wrote this article because this is one of the top 30 commonly asked questions on DBA Insurance.
  9. We work in Puerto Rico, a US Territory; are we required to have DBA insurance? Yes, Puerto Rico is covered under the Defense Base Act as part of its scope.
  10. Are grants required to secure Defense Base Act insurance?   Grants – work performed pursuant to a grant or cooperative agreement is not covered under the Act.
  11. Is Defense Base Act Insurance a reimbursable expense under the contract? The cost of insurance (premiums) from a reimbursement perspective, will be defined in the terms of the contract.
  12. When is Defense Base Act insurance needed? DBA insurance must be provided to employees working outside the United States on US military bases or under a contract with the U.S. government for public works or national defense.
  13. Are subcontractors required to have Defense Base Act insurance?  If they sub the workout, does that subcontractor have to have their own DBA insurance or can they be covered under ours? They must have their own.  DBA Insurance is intended for those workers for a company that is under their payroll and is doing the work themselves.  The sub-contractor cannot pass down the work to a sub-sub-contractor and have them covered under their DBA insurance.  The insurance requirements under the DBA require every employer (including contractors and subcontractors) either to secure insurance for the payment of workers’ compensation benefits provided under the Act or to be permissibly self-insured. If a subcontractor fails to secure the payment of compensation, the contractor will be liable and will be required to secure the payment of such benefits.
  14. What can be used in lieu of DBA insurance from a program perspective?  (We already have insurance, but not DBA.) Private Insurance Programs may supplement but cannot substitute for mandatory DBA coverage.  Supplemental insurance may be considered in addition to DBA, such as life insurance for relatives not covered as dependents under the Act as these benefits are separate from the DBA program.
  15. When is Defense Base Act insurance needed?  If you made it this far on the 30 commonly asked questions on DBA Insurance, good for you.  You are halfway there.  In short, whenever an overseas contract is awarded, DBA insurance must be considered.  DBA insurance must be provided to civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense.
  16. Is Defense Base Act insurance required for a quick, short term contract? There is no exception for the provisions of the Act for a “short trip” overseas,  for “only attending a meeting”, by an executive (“not a worker”), “overseeing, not working”.
  17. The owner or CEO is excluded under our Workers’ Compensation insurance policy.  Does the owner or CEO fall under the Defense Base Act insurance requirement? Even a CEO is an employee under the Act, and all employees are covered.
  18. Can we purchase Defense Base Act insurance for a period less than a year, such as a one-month contract? The coverage will be in place for one year.  There are no short-term policies available that would limit the time in which the coverage would be active for less than one year.
  19. Defense Base Act insurance is not required for government contract work in the US.  Where would the coverage apply? Employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense.  Puerto Rico and Guam are included although they are US Territories.
  20. Why is DBA insurance required on our contract even though it is not specified in the insurance section of the contract? Just because it isn’t there, doesn’t mean it isn’t required.  Not all contracts drafted by the US Government are worded the same way.  Regardless if the Defense Base Act insurance requirement is listed or not, it is the responsibility of the contractor, subcontractor, or subordinate contractor to verify its need under each contract award.
  21. Can we obtain a DBA insurance Waiver for our contract work and if so, does apply to all under the contract? Waivers may be provided to employers after review and approval from the Department of Labor.  When requesting a waiver, it should NOT be sent by the insurance broker, the contractor, or the contracting officer.  It must be submitted by the employer.  The waiver will only cover workers who are covered by another national or provincial workers’ compensation act for the entirety of their claim, without exclusions for war risks, nuclear biological, chemical, radiological or other exclusions.   It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employees hired in the U.S. Waivers are granted for local workers, however, if no local workers’ compensation laws exist, the waiver has no effect and DBA must be secured.  30 commonly asked questions on DBA Insurance addresses additional information on this one below.
  22. Would we need one than one Defense Base Act insurance policy if we have multiple contracts in place? Multiple task orders may be covered under one policy if the insurance company agrees.  In some cases, multiple contracts may be assigned, by endorsement, to one policy.  If contracts vary in scope, location, and operation, then multiple policies may be needed.  Further, your insurance and contract department may elect to provide insurance for one contract with one policy for easier accounting. If your company has concurrent contracts with different federal agencies, it is quite possible that workers for the same employer may be injured in the same incident and be covered by different insurance policies (USAID)
  23. Does Defense Base Act insurance include coverage for Kidnap & Ransom? No.  Kidnap & Ransom coverage is obtained separately from the Defense Base Act insurance program.  Some insurance companies may add Kidnap & Ransom coverage to a DBA insurance policy, but the terms and limit should be reviewed.
  24. Is Defense Base Act insurance considered “24-hour coverage”? No.  Although DBA insurance is active during all periods of work, it does not cover outside activities, such as excursions, periods of rest & relaxation (R&R), additional travel during breaks, etc.  It is intended to provide benefits for injuries and lost wages due to work-related conditions.
  25. Why doesn’t our current insurance company want to provide Defense Base Act insurance? Although many insurance companies throughout the US are able to provide the insurance, many have decided not to.  Here is a current list of approved insurance companies that may offer coverage. Insurance Carrier List
  26. Can Defense Base Act insurance have a deductible attached to it so the premium will be lower like our current workers’ compensation plan? No.  All DBA policies are without deductibles and are considered “Guaranteed Cost”
  27. When we applied for Defense Base Act insurance through our insurance professional, we only received one quote.  Why? Depending on the work of the contract, each insurance company has an underwriting appetite or level of comfort, when it comes to the types of risk they are willing to represent.  The higher the risk, the fewer the willing insurers there may be that will offer a quote.
  28. How do we know if our subcontractor or prime contractor currently has Defense Base Act insurance? Your contracts or administration department should request a certificate of insurance from the subcontractor or prime.  The certificate will list the carrier, expiration date of coverage and policy number.  It is important to verify the coverage is in place by contacting the insurance company.
  29. What employment activities does the Defense Base Act apply to? Work for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions; Work on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States; Work on contracts approved and funded by the U.S. under the Foreign Assistance Act, which among other things provides for cash sale of military equipment, materials, and services to its allies if the contract is performed outside of the United States; Work for American employers providing welfare or similar services outside the United States for the benefit of the Armed Services, e.g. the United Service Organizations (USO); and Any injury or death occurring to any such employee during transportation to or from the place of employment, where the employer or the U.S. provides the transportation or the cost thereof. If anyone of the above criteria is met, all employees engaged in such employment, regardless of nationality including U.S. citizens and residents, host country nationals and local hires as well as third-country nationals (individuals hired from another country to work in the host country), are covered under the Act. https://www.dol.gov/owcp/dlhwc/ExplainingDBA.htm
  30. What is the worst thing that could happen if our company doesn’t obtain Defense Base Act insurance, but is required to do so? The last question of the 30 commonly asked questions on DBA Insurance…An employer who fails to secure the payment of compensation under the Act through an insurance carrier or to obtain authorization to be self-insured may face criminal prosecution and be subject to imprisonment and/or fines. If the employer is a corporation, the president, secretary and treasurer can be prosecuted individually and may be personally and severally liable for compensation and other benefits. If the employer is not insured, an injured employee also may elect to either claim compensation under the Act or sue for damages for his/her injury under general tort law. In such a lawsuit, the employer may not rely on the customary tort defenses that the employee is prevented from recovery by (1) his/her own contribution to the cause of the injury or (2) his/her own negligence or wrong-doing. Furthermore, your company would be considered contractually non-compliant and could jeopardize performance standing and future contract awards.

If you have any questions about 30 commonly asked questions on DBA Insurance contact Brian Smith at (404) 918-4775 or brian.smith@ioausa.com. or visit www.theriskrecon.com 

Top 10 buying tips for Defense Base Act Insurance

Top 10 buying tips for Defense Base Act Insurance

Brian S. Smith is an insurance professional with the Insurance Office of America in Atlanta, GA. He incorporates a process called “Risk Reconnaissance” which is a comprehensive method of uncovering corporate risks and insurable gaps. His work has a focus on government & defense contractors, specializing in Defense Base Act insurance. In addition to blogging, Brian hosts the Risk GovCon Podcast and is one of the founders of Atlanta GovCon.
Top 10 buying tips for Defense Base Act Insurance that are going to build confidence and simply the purchase of your next DBA policy.

Where are Rates Going?

Before we get into the Top 10 buying tips for Defense Base Act Insurance let’s review a couple of insurance carriers. AIG and Allied World Assurance Company (Allied) have maintained flat rates for both renewals and new business policies requiring Defense Base Act Insurance.  Leading indicators continue to point toward a flat rate trend due to downsizing of U.S. Government Contracting presence throughout the Middle East.  Changes may occur in other regions that could potentially increase rates in Western Africa and South America.

Other Insurance Carriers – What are they doing?

Underwriters maintain a conservative posture when considering new DBA insurance programs.  This makes it more important to have the Top 10 buying tips for Defense Base Act Insurance.  A trend supported by negative loss histories of mandated insurance programs with fixed rates based on a list of standardized classifications. These included services, construction, security, and aviation.  Faced fixed rates for a wide variety of risks within these categories and unable to underwrite to specific conditions or loss factors, costs soared as claims outpaced premiums.  CNA and Zurich were victims of this trend, attempting to profit by adding more risks to their portfolio of DBA accounts.  The result, little engagement in the current marketplace when it comes to offering coverage as losses continue to shine a negative light on the DBA insurance program.

TOP 10 CONSIDERATIONS WHEN OBTAINING OR RENEWING DEFENSE BASE ACT INSURANCE

  1. Get your pricing while preparing for the proposal, not after.  Get your Defense Base Act Insurance policy pricing before, not after, a proposal is sent in for consideration by the KO.  This will avoid contract award margin surprises. Check out the Risk Recon Quick Quote page at https://theriskrecon.com/dba-insurance-quick-quote/
  2. Work with a competent insurance professional well versed in DBA insurance and government contracting.   Sometimes it is not the work you are doing, but what you are not doing that is most important.  If your insurance agent/broker is simply sending along the Statement of Work (SOW) with the application, the underwriter may assume those listed will be performed by your company, potentially increasing your rates.
  3. Complete a NEW DBA insurance application.  Changes of ANY operations should be noted as well as countries, deployment periods, and payrolls.  That being said…
  4. Verify payroll.  Include the only payroll associated with the work while in the country under the terms of the contract.  Short term deployments should reflect the percentage of payroll related to the work defined in the contract while under the insurance coverage only.
  5. Realize that DBA insurance is not 24-hour coverage for everything a contractor may encounter. Consider worldwide medical, accidental death and dismemberment coverage, and the evacuation of personnel on a moment’s notice.  Periods of Rest and Relaxation (R&R) for personnel traveling outside of the contract scope or Kidnap and Ransom situations, Defense Base Act Insurance will not respond.
  6. Review any and all emergency response programs supported by the DBA Insurance carrier, if any, that could be used on a moment notice if needed. Perform a drill where the system is tested against a scenario likely to happen based on the location of the work or the operations in question. Practice makes perfect.
  7. Ask about sub-contractors and whether or not they can be added to your DBA insurance policy. Avoid contractual non-compliance due to coverage issues by discussing sub-contractors in your program.  Unless agreed to in advance, some insurance companies may balk at covering sub-contractors.  Always ask in advance in order to avoid costly situations.
  8. For companies associated with low-risk tasks or environments, ask your insurance professional about alternative market options that may consider your work. Insurance companies with a low-risk threshold may provide a quote that is competitive or lower than currently in place (renewal) or options for new work.
  9. Consider the rate, not the premium.  The premium is a result of several factors, of which one is the rate.  This is where I suggest you focus your attention.  The rate is critical in any current or future contracts with similar work and/or location.  When determining the price for future contracts, consider the rate when developing your model.
  10. A minimum premium may appear high when comparing to others, but ask why before you do anything else.  Time and again, clients have mentioned the minimum premium costs associated with DBA insurance.  Rightfully so.  Nonetheless, even a low payroll contract in Poland will have a minimum premium of at least $5,000 USD associated with the policy. Middle East countries have a higher minimum premium of $7,500.  Being prepared for this cost is critical to maintaining a profitable contract.  Using any available remaining premium is suggested by securing additional contracts, offsetting the high cost of the initial insurance policy.

Finally, let’s end with some math… Top 10 buying tips for Defense Base Act Insurance by the numbers

When reviewing your need for contract proposal costs associated with DBA insurance, use this simple formula:

Payroll ÷ 100 × Rate = Cost for DBA insurance

For Example:

Your payroll for a construction contract in Brazil is $1,000,000 USD with a rate of $9.50 from the insurance company providing DBA insurance. (Sample numbers for illustration only)

$1,000,000 ÷ 100 = $10,000 × $9.50 = $95,000 in premium.

For additional questions or comments, contact Brian S. Smith direct at (770) 250-0227 or via email at brian.smith@ioausa.com

 

Veteran Affairs with the VEO and Team Rubicon

Veteran Affairs with the VEO and Team Rubicon

VEO and Team Rubicon Making A Difference In The Veteran Community

Brian S. Smith is an insurance professional with the Insurance Office of America in Atlanta, GA. He incorporates a process called “Risk Reconnaissance” which is a comprehensive method of uncovering corporate risks and insurable gaps. His work has a focus on government & defense contractors, specializing in Defense Base Act insurance. In addition to blogging, Brian hosts the Risk GovCon Podcast and is one of the founders of Atlanta GovCon.

 

To the VEO and Team Rubicon, taking care and being grateful to those men and women in uniform should not stop when the discharge papers are issued.  It must carry on with the support of our nation behind each and every veteran.  Unfortunately, Post-traumatic stress disorder (PTSD), depression, drug use, alcoholism, and other conditions/addictions lead to despair and hopelessness.  With a variety of events not intended to be discussed in this post, many veterans, now find themselves in unchartered waters.  Unable to maintain any semblance of their former selves, many veterans find themselves homeless.  In other cases, those same brave men and women are lost when their military missions are over.   With their missions complete, their personal direction becomes misguided, leading to complications many civilians cannot understand.  For this reason, we focus our attention on two organizations that combat these circumstances every day.  The VEO and Team Rubicon not only support the betterment of our veteran community, but they do so with dignity and respect.

With their personal new-found mission identified, members of Team Rubicon find themselves helping others after natural disasters.  Redirected, they use their military training and engagement to support local communities, organizing recovery and rebuilding efforts across the United States and beyond.  Unpaid and strictly voluntary, Team Rubicon leverages the skill sets of today’s modern warrior into an all-out effort to rebuild communities following major disasters.  In return, these warriors ask for nothing but the chance to once again serve this great nation, affording them an opportunity to “Charlie Mike”.

Other Warriors Are Still Without A Mission

Veteran homelessness is a sad, but true reality facing many in the United States.  Each year thousands of veterans find themselves without shelter, support, or a single meal to eat.  Lacking financial means and in some cases, personal identification, working with the Veteran Affairs Administration can be confusing and impossible for some to navigate.  It can take up to 6 weeks for paperwork to process, resulting in lost opportunities to help veterans get on their feet.  Here a transition plan with shelter and support is needed.  It is through the efforts of community organizations that the fight against veteran homelessness is met head-on daily.  The Veterans Empowerment Organization is one such organization.

Brothers And Sisters In Arms Lending A Hand – VEO and Team Rubicon

Over the past three years, I have engaged the Veteran Empowerment Organization or VEO for short, sitting as a member of the board of directors in the fight against veteran homelessness. I now see first-hand the impact it has on our community.  In this podcast, the VEO and Team Rubicon take on the issues of homelessness as well as self-respect and sustainability, both aspects near and dear to anyone that has ever worn a uniform.  Learn more about Brian Smith and his work at TheRiskRecon.com

Let’s Be A Hero/Heroine To Our Warriors

Each February, the Veterans Empowerment Organization hosts the annual gala as its primary fund-raising event.  Please visit https://www.veohero.org/ for more information on this amazing event and the mission it supports.  Please, take the time to listen to the show and consider getting involved personally or through your corporate organization.  It is critical that we now take on the role of protector, just as they did, each and every day they served without regard of themselves, but for the sake of you and me.

Is DBA Insurance reimbursable?

Is DBA Insurance reimbursable?

Brian S. Smith is an insurance professional with the Insurance Office of America in Atlanta, GA. He incorporates a process called “Risk Reconnaissance” which is a comprehensive method of uncovering corporate risks and insurable gaps. His work has a focus on government & defense contractors, specializing in Defense Base Act insurance. In addition to blogging, Brian hosts the Risk GovCon Podcast and is one of the founders of Atlanta GovCon.

It is great news to be awarded a government contract.  All the hard work that went into the proposal preparation and the on-time delivery has resulted in a “Big Win” for your company.  But what about the insurance costs?  Sure, you have insurance on your company, but does it anticipate the new exposure?  The new contract?  Wait, Is DBA Insurance reimbursable?

Premium determination for the new contract can have varied results.  If the insurance premium is low, no problem.  If the premium is higher than expected, the impact on the contract profitability can be devastating.

Can the insurance premium be reimbursed by the US Government?

Each awarded government contract stands on its own for reimbursable costs. Two contract types include firm-fixed-price contracts and fixed-price contracts.  The contracting officer and the proposal team must understand the insurance cost impact to the contract.  Costs outside of the scope of the operations will straddle the company with additional costs, reducing profitability.

Cost reimbursement must be approved by the contracting officer, and submitted for repayment if permitted.  On a fixed-price contract, there may be no relief.  It is important to know in advance, the overall cost of insurance.

To determine the premium, the rate, calculated per $100 in payroll, will provide an estimate of the cost. Your insurance broker/professional should assist with the rate determination. By contacting their office and asking for a rate associated with a certain occupation, you can determine the cost of insurance in advance so that profitability will not be marginalized.

If the insurance purchase was not considered during the proposal stage, it will impact the overall profitability of the contract award.  I recommend you speak with your insurance professional on the cost of the insurance and if the cost is worth the award.  They may come back with a very high rate, one that will simply put the entire contract profit in jeopardy.  Other considerations outside of DBA Insurance is the cost of business travel accident insurance.  Finally, ask Is DBA Insurance reimbursable?

Business travel accident is not required by contract but is suggested to fill in the gaps presented by DBA insurance.  For instance, if an employee suffers an illness such as influenza or pneumonia, this may not be covered under the DBA policy since it was likely not caused by a workplace matter.  That being said, the business travel accident insurance would provide for medical care as well as transportation should the employee need to be evacuated to another location.  in short, check with your insurance professional to make sure the gaps are covered.  Learn more about ancillary coverages such as business travel accident by visiting TheRiskRecon.com website.

In conclusion, the cost may be reimbursable, but it is important to know the costs before a contract is awarded.  Minimizing profit loss is critical in sustaining any operation, especially for government & defense contractors.