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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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24 sections with “Pub. L. 85-804”

  • FAR 33.205 Relationship of the Disputes statute to Pub. L. 85-804.
    (a) Requests for relief under Pub. L. 85-804 (50 U.S.C. 1431-1435) are not claims within the Disputes statute or the Disputes clause at 52.233-1, Disputes, and shall be processed under Subpart 50.1, Extraordinary Contractual Actions. Howeve…
  • FAR 32.405 Applying Pub. L. 85-804 to advance payments under sealed bid contracts.
    (a) Actions that designated agencies may take to facilitate the national defense without regard to other provisions of law relating to contracts, as explained in 50.101-1(a), also include making advance payments. These advance payments may …
  • FAR 52.250-1 Indemnification Under Public Law 85-804.
    As prescribed in 50.104-4, insert the following clause: Indemnification Under Public Law 85-804 (APR 1984) (a) Contractor's principal officials, as used in this clause, means directors, officers, managers, superintendents, or other repres…
  • FAR 32.402 General.
    (a) A limitation on authority to grant advance payments under Pub. L. 85-804 (50 U.S.C. 1431-1435) is described at 50.102-3(b)(4). (b) Advance payments may be provided on any type of contract; however, the agency shall authorize advance pa…
  • FAR 50.101-1 Authority.
    (a) Pub. L. 85-804 empowers the President to authorize agencies exercising functions in connection with the national defense to enter into, amend, and modify contracts, without regard to other provisions of law related to making, performing…
  • FAR 50.101-2 Policy.
    (a) The authority conferred by Pub. L. 85-804 may not— (1) Be used in a manner that encourages carelessness and laxity on the part of persons engaged in the defense effort; or (2) Be relied upon when other adequate legal authority exists …
  • FAR 50.000 Scope of part.
    …to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 (50 U.S.C. 1431—1434) and Executive Order 10789, dated November 14, 1958. It does not cover advance payments (see Subpart 32.4); and…
  • FAR 50.102-1 Delegation of authority.
    An agency head may delegate in writing authority under Pub. L. 85-804 and E.O. 10789, subject to the following limitations: (a) Authority delegated shall be to a level high enough to ensure uniformity of action. (b) Authority to approve r…
  • FAR 50.102-3 Limitations on exercise of authority.
    (a) Pub. L. 85-804 is not authority for— (1) Using a cost-plus-a-percentage-of-cost system of contracting; (2) Making any contract that violates existing law limiting profit or fees; (3) Providing for other than full and open competition…
  • FAR 50.103-7 Contract requirements.
    (a) Pub. L. 85-804 and E.O. 10789 require that every contract entered into, amended, or modified under this Subpart 50.1 shall contain— (1) A citation of Pub. L. 85-804 and E.O. 10789; (2) A brief statement of the circumstances justifying…
  • FAR 50.104 Residual powers.
    This section prescribes standards and procedures for exercising residual powers under Pub. L. 85-804. The term “residual powers” includes all authority under Pub. L. 85-804 except— (a) That covered by section 50.103; and (b) The authority…
  • FAR 32.401 Statutory authority.
    …ction is appropriate under (a) 41 U.S.C. chapter 45; (b) 10 U.S.C. chapter 277; or (c) Pub. L. 85-804 (50 U.S.C. 1431-1435) and Executive Order 10789, November 14, 1958 (3 CFR 1958 Supp. pp. 72-74) (see Subpart 50.1 for other application…
  • FAR 50.100 Definitions.
    …means an agency official or contract adjustment board authorized to approve actions under Pub. L. 85-804 and E.O. 10789. Secretarial level means a level at or above the level of a deputy assistant agency head, or a contract adjustment boar…
  • FAR 50.103 Contract adjustments.
    …andards and procedures for processing contractors' requests for contract adjustment under Pub. L. 85-804 and E.O. 10789.
  • FAR 50.103-1 General.
    … occur under a contract is not sufficient basis for exercising the authority conferred by Pub. L. 85-804. Whether appropriate action will facilitate the national defense is a judgment to be made on the basis of all of the facts of the case.…
  • DFARS 235.070-2 Indemnification under contracts involving both research and development and other work.
    … 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 …
  • DFARS 250.104-3-70 Indemnification under contracts involving both research and development and other work.
    …officer shall insert an appropriate clause using the authority of both 10 U.S.C. 3861 and Public Law 85-804. (a) The use of Public Law 85-804 is limited to work which cannot be indemnified under 10 U.S.C. 3861 and is subject to compliance …
  • FAR 18.122 Advance payments.
    …may authorize advance payments to facilitate the national defense for actions taken under Public Law 85-804 (see Subpart 50.1, Extraordinary Contractual Actions). These advance payments may be made at or after award of sealed bid contracts,…
  • FAR 18.127 Extraordinary contractual actions.
    …to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 (50 U.S.C. 1431-1434). This includes— (a) Amending contracts without consideration (see 50.103-2(a)); (b) Correcting or mitigating…
  • FAR 50.104-1 Standards for use.
    …considered. In authorizing the inclusion of the clause at 52.250-1, Indemnification Under Public Law 85-804, in a contract or subcontract, an agency head may require the indemnified contractor to provide and maintain financial protection of…
  • FAR 50.104-4 Contract clause.
    The contracting officer shall insert the clause at 52.250-1, Indemnification Under Public Law 85-804, in contracts whenever the approving official determines that the contractor shall be indemnified against unusually hazardous or nuclear ri…
  • DFARS 233.204-70 Limitations on payment.
    …tes), a request for equitable adjustment to contract terms, or a request for relief under Public Law 85-804.
  • DFARS 250.101-2-70 Limitations on payment.
    …ent of a request for equitable adjustment to contract terms or a request for relief under Public Law 85-804.
  • DFARS 250.102-1-70 Delegations.
    …r approval before using the indemnification clause at FAR 52.250-1, Indemnification Under Public Law 85-804. (c) Approvals. The Secretary of the military department or the agency director must approve any delegations in writing.

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.