As prescribed in 1828.311-270(b), the contracting officer must insert the provision at 1852.228-80, Insurance--Immunity from Tort Liability, in solicitations for research and development when a cost-reimbursement contract is contemplated.
INSURANCE — IMMUNITY FROM TORT LIABILITY (SEP 2000)
If the offeror is partially or totally immune from tort liability to third persons as a State agency or as a charitable institution, the offeror will include in its offer a representation to that effect. When the successful offeror represented in its offer that it is immune from tort liability, the following clause(s) will be included in the resulting contract:
(a) When the offeror represents that it is partially immune from tort liability to third persons as a State agency or as a charitable institution, the clause at FAR 52.228-7, Insurance — Liability To Third Persons, and the associated NFS clause 1852.228-81, Insurance — Partial Immunity From Tort Liability, will be included in the contract.
(b) When the offeror represents that it is totally immune from tort liability to third persons as a State agency or as a charitable institution, the clause at NFS 1852.228-82, Insurance — Total Immunity From Tort Liability, will be included in the contract.
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