[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR50]

[Page 955-956]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 50_EXTRAORDINARY CONTRACTUAL ACTIONS--Table of Contents
 
                      Subpart 50.4_Residual Powers
 
Sec.  50.403-2  Action on indemnification requests.

    (a) The contracting officer, with assistance from legal counsel and 
cognizant program office personnel, shall review the indemnification 
request and ascertain whether it contains all required information. If 
the contracting officer, after considering the facts and evidence, 
denies the request, the contracting officer shall notify the contractor 
promptly of the denial and of the reasons for it. If recommending 
approval, the contracting officer shall forward the request (as 
modified, if necessary, by negotiation) through channels to the 
appropriate official specified in 50.201(d). The contracting officer's 
submission shall include all information submitted by the contractor 
and--
    (1) All pertinent information regarding the proposed contract or 
program, including the period of performance, locations, and facilities 
involved;
    (2) A definition of the unusually hazardous or nuclear risks 
involved in the proposed contract or program, with a statement that the 
parties have agreed to it;
    (3) A statement by responsible authority that the indemnification 
action would facilitate the national defense;
    (4) A statement that the contract will involve unusually hazardous 
or nuclear risks that could impose liability upon the contractor in 
excess of financial protection reasonably available;
    (5) A statement that the contractor is complying with applicable 
Government safety requirements;
    (6) A statement of whether the indemnification should be extended to 
subcontractors; and
    (7) A description of any significant changes in the contractor's 
insurance coverage (see 50.403-1(b)) occurring since submission of the 
indemnification request.
    (b) Approval of a request to include the indemnification clause in a 
contract shall be by a Memorandum of Decision executed by the 
appropriate official specified in 50.201(d).
    (c) When use of the indemnification clause is approved under 
paragraph (b) above, the definition of unusually hazardous or nuclear 
risks (see subparagraph (a)(2) above) shall be incorporated into the 
contract, along with the clause.
    (d) When approval is (1) authorized in the Memorandum of Decision 
and (2)

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justified by the circumstances, the contracting officer may approve the 
contractor's written request to provide for indemnification of 
subcontractors, using the same procedures as those required for 
contractors.