48 CFR § 250.104-3-70 - 250.104-3-70 Indemnification under contracts involving both research and development and other work.
---
identifier: "/us/cfr/t48/s250.104-3-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 250.104-3-70 - 250.104-3-70 Indemnification under contracts involving both research and development and other work."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "250.104-3-70"
section_name: "250.104-3-70 Indemnification under contracts involving both research and development and other work."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "G"
subchapter_name: "CONTRACT MANAGEMENT"
part_number: "250"
part_name: "EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "73 FR 46815, Aug. 12, 2008, unless otherwise noted."
cfr_part: "250"
---
# 250.104-3-70 250.104-3-70 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.
(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]