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FAR and DFARS › DFARS Part 235: Research and Development Contracting

DFARS 235.070-1 Indemnification under research and development contracts.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This DFARS section allows research and development contracts to include indemnification for the contractor or subcontractors, but only if authorized by the Secretary concerned under 10 U.S.C. 3861. It matters because it tells contractors that indemnification is possible only for specified unusually hazardous risks, and the contract must clearly define those risks.

Applies to: Research and development contracts and their contractors or subcontractors

What it requires

  • Clearly define the specific unusually hazardous risks to be indemnified.
  • Submit this definition for approval with the request for authorization to grant indemnification.
  • Include the approved definition in the contract.

Key terms: indemnification · unusually hazardous · Secretary concerned · research and development contracts · third persons

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Under 10 U.S.C. 3861, and if authorized by the Secretary concerned, contracts for research and/or development may provide for indemnification of the contractor or subcontractors for—

(1) Claims by third persons (including employees) for death, bodily injury, or loss of or damage to property; and

(2) Loss of or damage to the contractor's property to the extent that the liability, loss, or damage—

(i) Results from a risk that the contract defines as “unusually hazardous;”

(ii) Arises from the direct performance of the contract; and

(iii) Is not compensated by insurance or other means.

(b) Clearly define the specific unusually hazardous risks to be indemnified. Submit this definition for approval with the request for authorization to grant indemnification. Include the approved definition in the contract.

Sections that refer to it

← 235.070 Indemnification against unusually hazardous risks. · 235.070-2 Indemnification under contracts involving both research and development and other work. →

Rule changes for DFARS Part 235

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 235.070-1 Indemnification under research and development contracts · SpendQuery