Re: Fwd: [RESADM-L] Army award negotiation Barbara Gray 10 Aug 2006 12:37 EST
For those who may want to try the same approach with the Technology
Control Plan, a copy of our approved plan is attached.

Kathy Dewitt wrote:

> Barbara,
> Can you elaborate on just how you do this?
> Do you set hours when foreign nationals can not be in the facility?
> Do the foreign nationals have badges?
> Trying to picture how this is doable.
> Kathy
>
>
> Begin forwarded message:
>
> *From: *Barbara Gray <xxxxxx@DRI.EDU <mailto:xxxxxx@DRI.EDU>>
> *Date: *August 10, 2006 12:14:12 PM GMT-04:00
> *To: *xxxxxx@hrinet.org <mailto:xxxxxx@hrinet.org>
> *Subject: **Re: [RESADM-L] Army award negotiation*
> *Reply-To: *Research Administration Discussion List
> <xxxxxx@hrinet.org <mailto:xxxxxx@hrinet.org>>
>
> DRI received a contract from Department of the Army (congressional
> earmark) that is ITAR controlled.  We tried unsuccessfully to argue
> that this visualization facility project is fundamental research
> (there were no publication restrictions, but ITAR licensing of foreign
> nationals was required).  We were required to develop a Technology
> Control Plan for the facility/equipment/software that was being funded
> by this porject.  In the TCP, because the facililty design, computers,
> and soft-ware are all public source, we differentiated between using
> the facililty that was being funded for "fundamental research in
> environmental sciences" and for "military applications."  We specified
> different levels of security controls for the two activities.  The
> Army approved this plan.  So, as long as the development of the
> military applications is not going on when unlicensed foreign
> nationals are in the facility and as long as they don't have access to
> those applications, we can use the facility, equipment, and software
> without restriction for basic scientific research and can invite the
> public in to see how the visualization technology works.  Good luck.
> bg
> Rochelle Athey wrote:
>
>>
>> Dana:  UNLV recently received a contract directly from DARPA with a
>> publication approval clause.  The work was fundamental but DARPA did
>> not budge from their position.
>>
>> Rochelle R. Athey
>> Executive Director
>> Office of Sponsored Programs
>> University of Nevada Las Vegas
>> 702-895-1357 office
>> 702-895-0986 fax
>>
>>
>> *Dana Bostrom <xxxxxx@BERKELEY.EDU <mailto:xxxxxx@BERKELEY.EDU>>*
>> Sent by: Research Administration List <xxxxxx@hrinet.org
>> <mailto:xxxxxx@hrinet.org>>
>>
>> 08/08/2006 10:01 AM
>> Please respond to
>> Research Administration Discussion List <xxxxxx@hrinet.org
>> <mailto:xxxxxx@hrinet.org>>
>>
>>
>>
>> To
>> xxxxxx@hrinet.org <mailto:xxxxxx@hrinet.org>
>> cc
>>
>>
>> Subject
>> Re: [RESADM-L] Army award negotiation
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> I have a related question/issue.  I have received 3 DARPA awards
>> through companies in a row that have citizenship and/or publication
>> restrictions on them (eg no publication/information dissemination at
>> all without DARPA approval).  Although the contracting agent for
>> DARPA (and DARPA itself) agrees that the university's portion of the
>> work is "fundamental" and not classified, the contracting agents are
>> not willing to allow the university and the company to apply
>> different clauses on these issues to their respective work.  (I've
>> actually had more luck with the Army as the DARPA contracting agent
>> than other contracting agents.)   My university is becoming concerned
>> that this may be a trend with DARPA awards in the "post 9/11" world.
>> Have other universities seen this happen recently?  Is there a
>> "trend" at all, or has Berkeley just been unlucky?  (We have turned 2
>> of these down, and 1 is still pending.)
>>  Thanks all.
>>  -- Dana
>>
>>
>>
>> Dana Bostrom, Associate Director
>> Industry Alliances Office, IPIRA
>> University of California, Berkeley
>> 2150 Shattuck Avenue Suite 950
>> On campus only: mail code 1610
>> Berkeley, CA 94720-1610
>>
>> Phone: 510.642.5861
>> FAX: 510.642.5723
>> ipira.berkeley.edu
>>
>> AUTM Vice President, Metrics & Surveys
>> www.autm.net
>>
>> ------------------------------------------------------------------------
>> *From:* Research Administration List [mailto:xxxxxx@hrinet.org] *On
>> Behalf Of *Linda Campbell*
>> Sent:* Tuesday, August 08, 2006 9:33 AM*
>> To:* xxxxxx@hrinet.org <mailto:xxxxxx@hrinet.org>*
>> Subject:* [RESADM-L] Army award negotiation
>>
>> I'm negotiating a large award with the Army's Space and Missile
>> Defense Command for a nanotechnology project.  The project is
>> unclassified and the University does not accept classified research.
>> The BAA stated that contracts, grants and other assistance mechanisms
>> will be awarded, as applicable.  I requested a grant or cooperative
>> agreement.  SMDC has decided it will be a contract.  I haven't seen
>> all of the clauses yet, but the few I have reviewed include export
>> control and ITAR terms.
>>
>> My questions:
>>
>> 1.  Has anyone had any success in convincing SMDC that a cooperative
>> agreement is an appropriate award mechanism instead of a contract?
>>
>> 2.  Has anyone had any success in convincing SMDC that the fundmental
>> research exemption is applicable?
>> BTW, the funding is a Congressional appropriation.
>>
>> Thanks for any advice/suggestions you can share.  Please feel free to
>> respond to me directly rather than to the list if you prefer.
>>
>> Linda
>>
>> Linda Campbell
>> Director of Sponsored Projects
>> Santa Clara University
>> 500 El Camino Real
>> Santa Clara, CA  95053-0250
>> phone: 408.554.4408
>> fax: 408.554.2389
>> email: xxxxxx@scu.edu_ <mailto:xxxxxx@scu.edu>
>>
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>
> --
> Barbara H. Gray
> Director of Sponsored Research
> Desert Research Institute
> 2215 Raggio Parkway
> Reno, Nevada  89512-1095
> Telephone: 775-673-7381
> Fax: 775-673-7459
> E-mail: xxxxxx@dri.edu <mailto:xxxxxx@dri.edu>
> www.dri.edu
>
>
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> subscription information and a web-searchable archive, are available
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>
> Kathryn A. DeWitt
> Project Representative - DoD, DHS, NASA, USDA
> University of Michigan - DRDA
> Midwest Secretary SRA
> 3003 South State Street #1058
> Ann Arbor, MI  48109-1274
> 734-936-1288
> 734-764-8510 (FAX)
>
>

--
Barbara H. Gray
Director of Sponsored Research
Desert Research Institute
2215 Raggio Parkway
Reno, Nevada  89512-1095
Telephone:	775-673-7381
Fax:		775-673-7459
E-mail:	xxxxxx@dri.edu
www.dri.edu

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