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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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38 sections with “indemnification”

  • 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…
  • DFARS 252.235-7000 Indemnification Under 10 U.S.C. 3861—Fixed Price.
    As prescribed in 235.070-3, use the following clause: Indemnification Under 10 U.S.C. 3861—Fixed Price (DEC 2022) (a) This clause provides for indemnification under 10 U.S.C. 3861 if the Contractor meets all the terms and conditions of th…
  • DFARS 252.235-7001 Indemnification Under 10 U.S.C. 3861—Cost Reimbursement.
    As prescribed in 235.070-3, use the following clause: Indemnification Under 10 U.S.C. 3861—Cost Reimbursement (DEC 2022) (a) This clause provides for indemnification under 10 U.S.C. 3861 if the Contractor meets all the terms and condition…
  • DFARS 235.070-1 Indemnification under research and development contracts.
    …zed 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 da…
  • DFARS 250.104-3-70 Indemnification under contracts involving both research and development and other work.
    When indemnification is to be provided on contracts requiring both research and development work and other work, the contracting officer shall insert an appropriate clause using the authority of both 10 U.S.C. 3861 and Public Law 85-804. (…
  • FAR 52.237-7 Indemnification and Medical Liability Insurance.
    As prescribed in 37.403, insert the following clause: Indemnification and Medical Liability Insurance (JAN 1997) (a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Reg…
  • DFARS 235.070-2 Indemnification under contracts involving both research and development and other work.
    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 co…
  • FAR 31.205-19 Insurance and indemnification.
    (a) Insurance by purchase or by self-insuring includes— (1) Coverage the contractor is required to carry or to have approved, under the terms of the contract; and (2) Any other coverage the contractor maintains in connection with the gene…
  • DFARS 231.205-19 Insurance and indemnification.
    (e) In addition to the cost limitations in FAR 31.205-19(e), self-insurance and purchased insurance costs are subject to the requirements of the clauses at 252.217-7012, Liability and Insurance, and 252.228-7001, Ground and Flight Risk.
  • DFARS 235.070 Indemnification against unusually hazardous risks.
  • FAR 50.104-3 Special procedures for unusually hazardous or nuclear risks.
    (a) Indemnification requests. (1) Contractor requests for the indemnification clause to cover unusually hazardous or nuclear risks should be submitted to the contracting officer and shall include the following information: (i) Identificati…
  • FAR 31.205-6 Compensation for personal services.
    …f insurance was required by the PBGC under ERISA section 4023, it was so obtained and the indemnification payment is not recoverable under the insurance. Consideration under the foregoing circumstances will be primarily for the purpose of a…
  • FAR 50.102-3 Limitations on exercise of authority.
    …the limits of the amounts appropriated and the statutory contract authorization (however, indemnification agreements authorized by an agency head (50.104-3) are not limited to amounts appropriated or to contract authorization); and (4) Tha…
  • DFARS 250.102-1-70 Delegations.
    …nt in excess of $90,000 must be submitted to the USD(A&S) for approval. (2) Requests for indemnification against unusually hazardous or nuclear risks must be submitted to the USD(A&S) for approval before using the indemnification clause at…
  • FAR 50.104-1 Standards for use.
    …te, all circumstances 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 f…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …lar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedur…
  • FAR 52.227-3 Patent Indemnity.
    … in 27.201-2(c)(2), add the following paragraph (c) to the basic clause: (c) This patent indemnification shall not apply to the following items: ____ [Contracting Officer list and/or identify the items to be excluded from this indemnity] …
  • DFARS 228.102-70 Defense Environmental Restoration Program construction contracts.
    …l the liability exceed the penal sum of the bond; (c) The surety shall not be liable for indemnification or compensation of the obligee for loss or liability arising from personal injury or property damage, even if the injury or damage was…
  • DFARS 235.070-3 Contract clauses.
    …be indemnified in accordance with 235.070-1, use either— (a) The clause at 252.235-7000, Indemnification Under 10 U.S.C. 3861—Fixed Price; or (b) The clause at 252.235-7001, Indemnification Under 10 U.S.C. 3861—Cost-Reimbursement, as appr…
  • FAR 12.216 Unenforceability of unauthorized obligations.
    …(TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.…
  • FAR 13.202 Unenforceability of unauthorized obligations in micro-purchases.
    …(TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.…
  • FAR 27.201-2 Contract clauses.
    …ommercial, or special, the contracting officer may expressly exclude them from the patent indemnification by using the clause with its Alternate I. Note that this exclusion is for items, as distinguished from identified patents (see paragra…
  • FAR 32.705 Unenforceability of unauthorized obligations.
    …(TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.…
  • FAR 37.403 Contract clause.
    The contracting officer shall insert the clause at 52.237-7, Indemnification and Medical Liability Insurance, in solicitations and contracts for nonpersonal health care services. The contracting officer may include the clause in bilateral p…
  • FAR 50.000 Scope of part.
    …mber 14, 1958. It does not cover advance payments (see Subpart 32.4); and (2) Implements indemnification authority granted by Pub. L. 85-804 and paragraph 1A of E.O. 10789 with respect to any matter that has been, or could be, designated b…
  • FAR 50.102-1 Delegation of authority.
    …ty to indemnify against unusually hazardous or nuclear risks, including extension of such indemnification to subcontracts, shall be exercised only by the Secretary or Administrator of the agency concerned, the Public Printer, or the Chairma…
  • 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…
  • FAR 52.216-7 Allowable Cost and Payment.
    … clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability. (End of clause) Alternate I (FEB 1997). As prescribed in 16.307(a)(2), substitute the fo…
  • FAR 52.227-4 Patent Indemnity—Construction Contracts.
    …s paragraph (a) and add the following paragraph (b) to the basic clause: (b) This patent indemnification shall not apply to the following items: _______________ [Contracting Officer list the items to be excluded.]
  • FAR 52.227-5 Waiver of Indemnity.
    …ntract, of any invention covered by the United States patents identified below and waives indemnification by the Contractor with respect to such patents: (End of clause)
  • FAR 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts.
    …Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of t…
  • FAR 52.232-39 Unenforceability of Unauthorized Obligations.
    …imilar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedur…
  • DFARS 215.404-71-4 Facilities capital employed.
    …isk of investment recovery, such as termination protection clauses and capital investment indemnification. (2) Above normal conditions. (i) The contracting officer may assign a higher than normal value if the facilities capital investment …
  • DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
    …, or (b)(5) of this clause is a basis for the Government to terminate this contract. (d) Indemnification and creation of third party beneficiary rights. The Contractor agrees— (1) To indemnify and hold harmless the Government, its agents,…
  • DFARS 252.217-7012 Liability and insurance.
    … which the Government would have assumed under the provisions of this paragraph (b). (c) Indemnification. The Contractor indemnifies the Government and the vessel and its owners against all claims, demands, or causes of action to which the…
  • DFARS 252.227-7020 Rights in special works.
    …ment of the license rights obtained in a form acceptable to the Contracting Officer. (e) Indemnification. The Contractor shall indemnify and save and hold harmless the Government, and its officers, agents and employees acting for the Gover…
  • DFARS 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
    …amages and other appropriate remedies by the party whose name appears in the legend. (c) Indemnification and creation of third party beneficiary rights. The Contractor agrees— (1) To indemnify and hold harmless the Government, its agents,…
  • DFARS 252.247-7016 Contractor liability for loss or damage.
    …ity is— (i) Non-negligent damage. For any cause, other than the Contractor's negligence, indemnification shall be at a rate not to exceed sixty cents per pound per article. (ii) Negligent damage. When loss or damage is caused by the negli…

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.