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sunflower

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    Washington, D.C.
  1. May any agency of the federal government enter into an indemnification agreement with a contractor or subcontractor that indemnifies the contractor for any liability or damages arising out of a claim that the work performed by the contractor for the governement infringed a copyright? I am aware of 28 U.S.C. Sec. 1498, but that seems to merely say that the copyright owner has to sue the government, not that the government can affirmatively indemnify the offending contractor. I am also aware of the various FAR clauses that allow indemnification for "unusually hazardous or nuclear" risks, which doesn't apply here. If the answer is YES, what authority are you relying on? Thanks for your help! Sunflower
  2. Contractor has Cost-Reimbursable contract (contract #1) with government for services. It is not a task order contract. Contract #1 expiration date passes. Contractor continues to perform work (at risk) while new follow-on contract for exact same work (contract #2) is being negotiated. No prior indication of problems or discussions were provided (which we understand is not required), but a cure notice was issued under both contract #1 and contract #2, citing as grounds that delays in processing certain information (for which there were no due dates or schedule requirements) was ?endangering performance of the contract.? Cure Notice was issued 30 days after contract #1?s expiration date, and approx. 3 weeks prior to execution of contract #2 (which was ultimately back-dated to coincide with the expiration of contract #1). Is there a providion in FAR that allows (or prohibits) the issuance of a cure notice under a contract that has expired and a contract that has not yet been awarded?
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