DATE: March 31, 2020

SUBJECT: Secretarial Determination authorizing Public Law 85-804 Indemnification for Contractors Engaged in Activities Responding to COVID-19 and Memorandum to Senior Procurement Executives (SPEs)

TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management


The Secretary has authorized Contracting Officers to (upon request) extend indemnification under P.L. 85-804 to contractors and their subcontractors engaged in tasks or activities directed or authorized by DOE/NNSA in response to COVID-19.

The attached Secretarial memorandum to the SPEs contains an attachment with language to be added to the appropriate clause in the contract describing the activities covered by the indemnification.


  • For contracts that already contain P.L. 85-804 coverage, the contract should be modified to incorporate this language as a new subparagraph to the relevant H clause.
  • If a contract does not already contain P.L. 85-804 coverage, the contract will need to be modified to add the entire H clause along with the new subparagraph.

The authorization is retroactive in applicability to March 13, 2020 and is valid through June 30, 2020.

Contracting Officer Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at


«Back to Policy Flashes