---
kind: "section"
citation: "48 C.F.R. § 828.7001"
title: "48"
number: "828.7001"
heading: "Extent of indemnification."
url: "https://uscodex.org/cfr/48/828.7001"
---

# §828.7001. Extent of indemnification.

- (a) A contract for medical research or development authorized by [38 U.S.C. 7303](/usc/38/7303.md), may provide that the Government will indemnify the contractor against losses or liability specified in paragraphs [(b)](#b) and [(c)](#c) of this section if all of the following apply:
  - (1) **The contract work involves a risk of an unusually hazardous nature.**
  - (2) **The losses or liability arise out of the direct performance of the contract.**
  - (3) The losses or liability are not covered by the financial protection required under 828.7002.
- (b) The Government may indemnify a contractor for liability (including reasonable expenses of litigation or settlement) to third persons for death, bodily injury, or loss of or damage to property from a risk that the contract defines as unusually hazardous. The indemnification will not cover liability under State or Federal worker's injury compensation laws to employees of the contractor who are both:
  - (1) Employed at the site of the contract work; and
  - (2) **Working on the contract for which indemnification is granted.**
- (c) The Government may indemnify the contractor for loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
- (d) A contract that provides for indemnification in accordance with this subpart must also require that:
  - (1) The contractor must notify the contracting officer of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and
  - (2) The Government may choose to control or assist in the defense of any suit or claim for which indemnification is provided in the contract. ([38 U.S.C. 7317](/usc/38/7317.md))

## Notes

### Source

Source: 83 FR 7404, Feb. 21, 2018, unless otherwise noted.

### Authority

Authority: 38 8127-8128 and 8151-8153; 40 U.S.C. 121(c); 41 U.S.C 1121; 41 U.S.C. 1702; and 48 CFR 1.301-1.304.

### Source

Source: 73 FR 2717, Jan. 15, 2008, unless otherwise noted.