I sent a message about 3 weeks ago regarding the new liability language
in the ARS REE 452. I received one response from a land grant university
that they would not accept this new language either. We challenged ARS a
final time and received a response - a portion of which is posted
below:

"We have been advised by the ARS, Extramural Agreements Division, HQ,
that alternative language offered by potential cooperators is
unacceptable. Therefore, the liability clause found in the REE 452
remains as written. We are further advised that if the Agency's terms
and conditions for award cannot be agreed upon, the offer of the award
is to be rescinded."

We walked away from the award. We have others now for which we will
have to make the same decision. The ARS letter and a conversation with
someone there suggested that many universities had problems with this.
Are there other schools who have this same problem? Have you walked away
from the award or are you taking this new language? Once before
universities were able to band together to get language of this nature
altered. Are any willing to write ARS headquarters in Maryland and
address this issue? No other USDA agency (at least not to my knowledge)
require this same language.

If you have concerns, stories, suggestions, please contact me at
xxxxxx@auburn.edu or 334-844-4438.

as a reminder, the ARS language is:

"To the extent authorized, the Cooperator agrees to indemnify and hold
harmless, the Awarding Agency, its employees, or contractors from and
against all liability, claims, and demands on account of personal
injury, property loss, or damage of any kind whatsoever, which arise out
of, or are in any manner connected with, or are claimed to arise out of
or be in any manner connected with, the performance of the Cooperative
Agreement by the Cooperator's employees or agents.

To the extent authorized, the Cooperator shall provide and maintain the
necessary types of insurances, as may be needed under this Cooperative
Agreement, including but not limited to workers' compensation,
employer's liability, and comprehensive general liability in amounts
sufficient to protect the Federal Government's interest in not being
subject to unwarranted damage claims resulting from the Cooperator's use
of the Awarding Agency's facilities.

It is further understood that the Awarding Agency shall not be held
responsible for any breakage, theft, or acts of vandalism to the
Cooperator's equipment and supplies during the period of the Cooperative
Agreement."

Thanks for any input you can provide.

Martha M. Taylor, Director
Office of Sponsored Programs
310 Samford Hal
Auburn University, Alabama 36849-5131
334-844-4438
334-844-5953 (fax)
xxxxxx@auburn.edu
http://www.auburn.edu/research/vpr/contracts

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