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. (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 with FAR 50.104. (b) Indemnification under 10 U.S.C. 3861 is covered by 235.070. [73 FR 46815, Aug. 12, 2008, as amended at 87 FR 76996, Dec. 16, 2022]