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 52.237-8 RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS (OCT
1995)
(a) The Federal Acquisition Regulation (FAR), at 31.205-6(g)(3), limits the cost allowability of
severance payments to foreign nationals employed under a service contract performed outside the
United States unless the head of the agency, or designee, grants a waiver pursuant to FAR 37.113-1
before contract award.
(b) In making the determination concerning the granting of a waiver, the head of the agency, or
designee, will determine that --
(1) The application of the severance pay limitations to the contract would adversely affect the
continuation of a program, project, or activity that provides significant support services for --
(i) Members of the armed forces stationed or deployed outside the United States; or
(ii) Employees of an executive agency posted outside the United States;
(2) The Contractor has taken (or has established plans to take) appropriate actions within its
control to minimize the amount and number of incidents of the payment of severance pay to
employees under the contract who are foreign nationals; and
(3) The payment of severance pay is necessary in order to comply with a law that is generally
applicable to a significant number of businesses in the country in which the foreign national
receiving the payment performed services under the contract, or is necessary to comply with a
collective bargaining agreement.
(End of Provision)
27
JUNE 1999
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