[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR50]



[Page 970]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 50_EXTRAORDINARY CONTRACTUAL ACTIONS--Table of Contents

 

                      Subpart 50.4_Residual Powers

 

50.403-1  Indemnification requests.



    (a) 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:

    (1) Identification of the contract for which the indemnification 

clause is requested.

    (2) Identification and definition of the unusually hazardous or 

nuclear risks for which indemnification is requested, with a statement 

indicating how the contractor would be exposed to them.

    (3) A statement, executed by a corporate official with binding 

contractual authority, of all insurance coverage applicable to the risks 

to be defined in the contract as unusually hazardous or nuclear, 

including--

    (i) Names of insurance companies, policy numbers, and expiration 

dates;

    (ii) A description of the types of insurance provided (including the 

extent to which the contractor is self-insured or intends to self-

insure), with emphasis on identifying the risks insured against and the 

coverage extended to persons or property, or both;

    (iii) Dollar limits per occurrence and annually, and any other 

limitation, for relevant segments of the total insurance coverage;

    (iv) Deductibles, if any, applicable to losses under the policies;

    (v) Any exclusions from coverage under such policies for unusually 

hazardous or nuclear risks; and

    (vi) Applicable workers' compensation insurance coverage.

    (4) The controlling or limiting factors for determining the amount 

of financial protection the contractor is to provide and maintain, with 

information regarding the availability, cost, and terms of additional 

insurance or other forms of financial protection.

    (5) Whether the contractor's insurance program has been approved or 

accepted by any Government agency; and whether the contractor has an 

indemnification agreement covering similar risks under any other 

Government program, and, if so, a brief description of any limitations.

    (6) If the contractor is a division or subsidiary of a parent 

corporation, (i) a statement of any insurance coverage of the parent 

corporation that bears on the risks for which the contractor seeks 

indemnification and (ii) a description of the precise legal relationship 

between parent and subsidiary or division.

    (b) If the dollar value of the contractor's insurance coverage 

varies by 10 percent or more from that stated in an indemnification 

request submitted in accordance with paragraph (a) above, or if other 

significant changes in insurance coverage occur after submission and 

before approval, the contractor shall immediately submit to the 

contracting officer a brief description of the changes.