We would most likely explain the situation to the PI, let them know that if awarded and the unacceptable terms couldn’t be negotiated out, we would have to decline the award. If he still wanted to apply, we’d send an exception letter with explanations of why those terms aren’t acceptable. I’ve seen solicitations that explicitly state you can’t take exception to anything, and if that is the case, we would probably discourage the PI from wasting time and money on the proposal.

 

You should contact COGR and FDP, however. They collect data on this sort of thing, and will collectively lobby against it on our behalf.

 

 

Jennifer Barron, MBA

Director, Office of Research Administration

Johns Hopkins Bloomberg School of Public Health

615 N. Wolfe Street, W1100

Baltimore, MD 21205

p: 410.614.2634

f: 410.955.0258

xxxxxx@jhsph.edu

 

 

 

From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Gene Stein
Sent: Friday, November 06, 2009 2:04 PM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] Publishing Restrictions and Other Fun Subjects

 

Hello, All—

 

Earlier this week, an Engineering faculty member presented my preaward office with a solicitation from the Missile Defense Agency.  The solicitation was clearly directed to colleges and universities and was to fund missile-related technology. 

 

Unfortunately, despite its focus on institutions of higher education, the solicitation required prior approval of all publications, said the research would be covered by export controls, and said any students who are not U.S. citizens, or those without a green card, could not participate in the research. 

 

I sent a note to the sponsor to ask how they intended to handle this, because, given the three major restrictions, many universities will not want to apply.  I received a forthright reply, saying that these are the terms, take them or leave them.  “Many universities won’t apply, but many will,” is what I was told.

 

In light of this, I’d be interested to know how your institutions would handle this.  Would you not apply?  Or, would you apply, and if an award is made seek a waiver of the restrictions at your institution?  Would your institution not be concerned about these terms and accept an award?

 

The size of the award can be as much as $800,000 over 3 years.  Negotiating the restrictions out of a final agreement will not be an option.

 

Thanks for your always-helpful comments.

 

Gene Stein

Director, Sponsored Research Development

San Diego State University Research Foundation
 

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