Re: problematic contract clause Audrey Buck 10 Aug 2001 09:57 EST

Michael, you need to have this deleted out.  It is unacceptable.  If
problem doing this, have it modified.

Good luck,
Audrey

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On
Behalf Of Warnock, Michael J.
Sent: Friday, August 10, 2001 9:24 AM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] problematic contract clause

Does anyone out there have any experience with a somewhat similar
clause--252.204-7000?  This one really is a DFAR clause (reproduced
below).
Taken literally, the sponsor (Army) has complete control over what can
be
published and what cannot.  Have you run into this one in contracts?  If
so,
how did you address it (i.e., get it removed/modified to allow
publication
after some reasonable review)?

Thanks for any assistance.

Mike

252.204-7000   DISCLOSURE OF INFORMATION (DEC 1991)
(a) The Contractor shall not release to anyone outside the Contractor's
organization any unclassified information, regardless of the medium
(e.g.,
film, tape, document), pertaining to any part of this contract or any
program related to this contract unless-

 (1) The Contracting officer has given prior written approval; or

 (2) The information is otherwise in the public domain before the
date
of release.

(b) Requests for approval shall identify the specific information to be
released, the medium to be used, and the purpose for the release. The
contractor shall submit its request to the Contracting Officer at least
45
days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement in each
subcontract under this contract. Subcontractors shall submit requests
for
authorization to release through the prime contractor to the Contracting
Officer.

Michael J. Warnock, Director
Sponsored Program Administration
University of Missouri - Columbia
310 Jesse Hall
Columbia, MO  65211
ph. 573-882-4329       fax 573-884-4078

-----Original Message-----
From: William Sharp [mailto:xxxxxx@FALCON.CC.UKANS.EDU]
Sent: Wednesday, April 18, 2001 4:39 PM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] US Army contract language

For those on this list who have experience contracting with the Army,
we've
run into a FAR clause on a proposed contract that is causing us some
problems.  Have any of you dealt with contracts which included

FAR 52.7520  RELEASE OF INFORMATION MATERIAL TO THE PUBLIC BY
PUBLICATION
OR OTHER MEANS OF DISSEMINATION AND MARKING OF TECHNICAL REPORTS
POTENTIALLY DISCLOSING INVENTIONS (Sep/1997)?

The text of the clause was included in the particular contract we are
working with, so we know what the clause actually states (i.e., it was
not
just incorporated by reference).  However, I have not been able to find
it
anywhere else on the Web and it has not popped up in any other Army
contracts we have had.  The Army contracting officer we are negotiating
with has indicated that they have used this clause with numerous other
public universities.  So if you're at a public university and you've
encountered this clause I would very much like to compare notes with you
on
the publication implications of the clause and to learn whether or not
your
institution was willing to accept it.

Thanks!

Bill Sharp
Contracts Officer
The University of Kansas and the
University of Kansas Center for Research, Inc.
(785) 864-7430
xxxxxx@ku.edu

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