Public Law 85-804 means the policies and procedures for entering into, amending or modifying contracts in order to facilitate the national defense under the extraordinary emergency authority granted by Public Law 85-804 (50 U.S.C. 1431-1434).
Use the EFFECTIVE DATE title and the following language, for those contracts: "() This indemnity agreement shall be applicable with respect to nuclear incidents occurring on or after __." (1) Those that contained an indemnity pursuant to Public Law 85-840 prior to August 20, 1988, include the effective date provision above, inserting the effective date of the contract modification that replaced the Public Law 85-804 indemnity with an interim Price-Anderson based indemnity.
When use of the clause atCFR 52.250-1, Indemnification Under Public Law 85-804, is appropriate, the contracting officer may substitute the words "Obligation of funds" for the words "Limitation of Cost or Limitation of Funds." 970.5070 Indemnification.
Actions under Public Law 85-804 must also comply with FAR subpart 50.4. 235.070-3 Contract clauses.
The contracting officer shall insert the clause at 52.250-1, Indemnification Under Public Law 85-804, in contracts whenever the approving official determines that the contractor shall be indemnified against unusually hazardous or nuclear risks (also see 50.403-2(c)).
These contracts may provide for indemnification under the authority of both 10 U.S.C. 2354 and Public Law 85-804.