Authority to Hold Harmless and Indemnify in Certain Circumstances Under One Contract

This memorandum delegates authority to USAID under Public Law 85-804 to hold harmless and indemnify a single Iraq reconstruction contract awarded by September 30, 2003, specifically for claims arising from exposure to WMD materials, mines, or unexploded ordnance. The President deems this action necessary to facilitate national defense during declared national emergencies.

Federal Register Open PDF 68 FR 19705

Impact dates

Sep 30, 2003
Contract must be awarded on or before this date

Key directives

Authorize USAID to exercise Public Law 85-804 authority for one Iraq reconstruction contract
Limit authority to claims from exposure to WMD, mines, or unexploded ordnance
Contract must be awarded on or before September 30, 2003
Direct USAID Administrator to publish memorandum in Federal Register

Who is ordered

Administrator of the United States Agency for International Development · USAID

Timeline

Immediate

Delegation of indemnification authority to USAID Administrator

Near term (90d)

Contract must be awarded on or before September 30, 2003

Long term

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Risks & tensions

Narrow scope (single contract) limits broader precedent, though legal framework could be extended
Indemnification for WMD/explosive exposure shifts liability from contractor to U.S. government
National emergency justification connects to post-9/11 and Iraq War legal frameworks