FAR and DFARS › DFARS Part 235: Research and Development Contracting
DFARS 235.070-2 Indemnification under contracts involving both research and development and other work.
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 section addresses indemnification in contracts that combine research and development with other work. It says such contracts may provide indemnification under two separate authorities, with Public Law 85-804 applying only to work not covered by 10 U.S.C. 3861. Actions under Public Law 85-804 must also follow FAR 50.104-3.
Applies to: Contracts involving both research and development and other work
What it requires
- Ensure actions under Public Law 85-804 comply with FAR 50.104-3
Key terms: indemnification · 10 U.S.C. 3861 · Public Law 85-804 · FAR 50.104-3
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
These contracts may provide for indemnification under the authority of both 10 U.S.C. 3861 and Public Law 85-804. Public Law 85-804 will apply only to work to which 10 U.S.C. 3861 does not apply. Actions under Public Law 85-804 must also comply with FAR 50.104-3.
Sections it refers to
- 50.104-3 Special procedures for unusually hazardous or nuclear risks.
← 235.070-1 Indemnification under research and development contracts. · 235.070-3 Contract clauses. →
Rule changes for DFARS Part 235
- Defense Federal Acquisition Regulation Supplement: Disclosure of DoD Funding in Technical Publications (DFARS Case 2024-D003) ↗ · proposed 2025-08-25 · comments due 2025-10-24
- Defense Federal Acquisition Regulation Supplement: Public Access to Results of Federally Funded Research (DFARS Case 2020-D028) ↗ · proposed 2025-07-18
- Defense Federal Acquisition Regulation Supplement: Public Access to Results of Federally Funded Research (2020-D028) ↗ · proposed 2024-09-26 · comments due 2024-11-25
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.