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B-281281 1 (1999-01-21)

handle is hein.gao/gaocrptajfz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Fidelity and Casualty Company of New York File: B-281281 Date: January 21, 1999 Michael P. Coffey, Esq., for the protester. Dennis J. Gallagher, Esq., Department of State, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST With regard to solicitation to select insurance carrier to furnish contractors with Defense Base Act (DBA) workers' compensation insurance coverage required for contractor employees performing public work contracts and certain other contracts outside of the United States, protest that agency improperly deleted Federal Acquisition Regulation (FAR) affirmative action clauses from solicitation is denied where FAR is inapplicable because appropriated funds would not be obligated or expended under the DBA contract to be awarded under the solicitation; FAR applies only to acquisitions by the government of supplies or services with appropriated funds. DECISION Fidelity and Casualty Company of New York protests the terms of request for proposals (RFP) No. S-OPRAQ-98-R-0040, issued by the Department of State (DOS) for selection of an insurance carrier to offer workers' compensation coverage to DOS contractors whose employees are performing contracts outside of the United States. Fidelity and Casualty protests DOS's determination to delete several affirmative action clauses from the solicitation and to exclude coverage of aviation support services from the scope of the contract. We deny the protest. Pursuant to the Defense Base Act (DBA), 42 U.S.C. § 1651(a) (1994), workers' compensation insurance coverage is required for contractor employees performing public work contracts and certain other contracts outside of the United States. By regulation, DOS has extended the required coverage to all service contracts (other than contracts for personal services) which require contractor employees to perform work outside of the United States. 48 C.F.R. § 628.305 (1998). DOS regulations provide for inserting in such solicitations standard clauses requiring the contractor to procure the required DBA insurance coverage pursuant to the terms

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