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It appears that FFRDCs will not, by policy, provide any indemnification for WFO (Work For Others). Section 12 of the MRA describes an extensive flow-through indemnity requirement. So while the RFP calls for FFRDC participation in RCs, the MRA includes a requirement that essentially excludes FFRDC participation. Is there a remedy for this conflict?

1 Answer

Section 12, paragraph 1 of the MRA ends with the statement, “If the Research Institution is a duly authorized state governmental entity, the indemnity required by this Section 12 shall be the maximum permissible under applicable law.”   This general comment infers that a governmental entity with limitation on indemnification is protected by the general statement, “…permissible under applicable law.”

It is incumbent for those institutions with policies that will not allow them to accept the indemnification provisions as written, to identify these policies within the context of the proposal, such as required for IP rights, etc.
answered by admin

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