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Section 5135.070-1: Indemnification under research and development contracts.

(a) Send requests for authorization through contracting channels to the addressee in 5101.290(b)(3) in time to reach the addressee at least 30 working days prior to planned release of the solicitation.

(b) Each request for a Secretarial D&F must contain -

    (i) The information required by FAR 50.403-2(a), except (a)(3);

    (ii) Facts showing that the clause will be used in a contract for research or development or both;

    (iii) A statement that the proposed indemnification clause complies fully with the requirements of 10 U.S.C. 2354; and

    (iv) The reasons the use of the indemnification clause would be in the Government’s interest.

See 5101.707.

(c) Requests for indemnification under Pub. L. 85-804 must be handled in accordance with FAR Subpart 50.4 and DFARS Subpart 250.4.




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