{
  "id": "ACQ-52",
  "category": "Contract relief & risk allocation",
  "capability": "Indemnify unusually hazardous research/development work",
  "summary": "Military-department R&D contracts may promise U.S. indemnification for defined unusually hazardous direct-performance third-party claims and contractor-property loss not otherwise insured/compensated.",
  "legal_basis": [
    {
      "citation": "10 U.S.C. §3861",
      "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3861&num=0&edition=prelim",
      "kind": "statute",
      "note": "Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative."
    }
  ],
  "authority_holder": "Secretary of the military department concerned approves; Secretary/designated official certifies payment",
  "actor_chain": {
    "planner": [
      "R&D program and contractor"
    ],
    "resource_owner": [
      "EligibleR&D/contract funds"
    ],
    "approver": [
      "Military-department Secretary; designated just-and-reasonablepayment certifier"
    ],
    "executor": [
      "Contracting officer and claims/insurance officials"
    ],
    "partners": [
      "DCMA asappropriate; counsel; risk/insurance specialists"
    ]
  },
  "actor_sources": [
    {
      "title": "10 U.S.C. §3861 — statutory actor assignment",
      "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3861&num=0&edition=prelim"
    }
  ],
  "requirements": [
    "Risk defined as unusually hazardous in contract; direct performance connection and uncovered loss.",
    "Required notice of claims/suits and U.S. option to control/assist defense."
  ],
  "limits": [
    "Not blanket indemnity for any contractor business loss or retroactive unstated promise.",
    "R&D statutory pathway is distinct from 50 U.S.C. §1431 Presidential emergency relief."
  ],
  "funding": [
    "Payments may use obligated contract funds, unobligated R&D funds or appropriations for payments, with Secretary approval."
  ],
  "coordination_path": "R&D program identifies hazard → insurance/risk counsel review → Secretary approval → explicit contract clause → certified claim payment.",
  "availability": "Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.",
  "confidence": "High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.",
  "currentness": "GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.",
  "family": "Acquisition, transition and contract finance",
  "mechanisms": [
    "Other statutory tools"
  ],
  "goal_ids": [
    "prototype-to-use"
  ],
  "office_links": [
    {
      "office_id": "counsel-award-officials",
      "role": "executor",
      "label": "Contracting officer and claims/insurance officials"
    }
  ]
}