DFARS 235.070-1 Indemnification under research and development contracts
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 235.070-1
- Type
- Subsection
- Supplements
- FAR Part 35 Research and Development Contracting
- Last amended
- 87 FR 76988 Effective Dec 30, 2022
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
(a) Under 10 U.S.C. 3861, and if authorized by the Secretary concerned, contracts for research and/or development may provide for indemnification of the contractor or subcontractors for—
(1) Claims by third persons (including employees) for death, bodily injury, or loss of or damage to property; and
(2) Loss of or damage to the contractor's property to the extent that the liability, loss, or damage—
(i) Results from a risk that the contract defines as “unusually hazardous;”
(ii) Arises from the direct performance of the contract; and
(iii) Is not compensated by insurance or other means.
(b) Clearly define the specific unusually hazardous risks to be indemnified. Submit this definition for approval with the request for authorization to grant indemnification. Include the approved definition in the contract.
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018) |
Quick answers
What is DFARS 235.070-1?
DFARS 235.070-1 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Indemnification under research and development contracts".
When was DFARS 235.070-1 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018)" (87 FR 76988), published Dec 16, 2022 and effective Dec 30, 2022.
Are changes to DFARS 235.070-1 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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