These contracts may provide for indemnification under the authority of both 10 U.S.C. § 3861 and Public Law 85-804. Public Law 85-804 will apply only to work to which 10 U.S.C. § 3861 does not apply. Actions under Public Law 85-804 must also comply with FAR 50.104-3.

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Terms Used In 48 CFR 235.070-2

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

[56 FR 36416, July 31, 1991, as amended at 78 FR 21850, Apr. 12, 2013; 87 FR 76995, Dec. 16, 2022]