[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 970-971]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 50_EXTRAORDINARY CONTRACTUAL ACTIONS--Table of Contents

 

                      Subpart 50.4_Residual Powers

 

50.403-2  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



[[Page 971]]



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) 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.