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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