Dear Fellow Research Administrators:
I am interested in receiving any responses or comment on the following DOE
clause.

In reviewing an award of a cooperative agreement from DOE, we found the
following clause (a DOE, not a FAR, clause) in the reporting requirement
section:

4.17  JOURNAL ARTICLES, CONFERENCE PAPERS AND PROCEEDINGS GENERATED BY A
UNIVERSITY FOR DOE REVIEW (SEPT 2000)

The Recipient shall submit to DOE for review and comment all documents
generated by the Recipient, or any subcontractor, which communicate the
results of scientific or technical work supported by DOE under this award,
whether or not specifically identified in the award, prior to submission for
publication, announcement, or presentation.  Such documents include journal
articles, conference papers and proceedings, etc.  Each such document shall
be accompanied by a properly completed NETL Form 510.1-5, "Request for
Patent Clearance for Release of Contracted Research Documents."

The Recipient shall submit a draft version of the document to the COR prior
to the publication, presentation, or announcement.  The COR shall review the
draft version of the document and notify the Recipient of recommended
changes.  The final version, along with a completed NETL Form 510.1-5, shall
be submitted to the NETL AAD Document Control Coordinator.

The following information shall be provided for conference papers and
proceedings, etc.
 -- Name of conference
 --Location of conference (city, state, and country)
 --Date of conference (month/day/year)
 --Conference sponsor
 END

Our interpretation is that this represents a potentially indefinite delay in
the investigator's right to publish.  The agency is unwilling to insert a
set time frame for the review and comment, though offering verbal
reassurance that if the delay seemed too long the contracting officer would
step in and expedite the matter.  We were informed that this DOE clause is
included in all awards now and that many universities have accepted it.
Please respond if you can to any of the following:
1.  Has any public university accepted this language?
2.  Has any institution successfully negotiated the deletion or a revision
to this clause?

Many thanks in advance for your responses.

Regards,
Lucille Marino
Assistant Director
University of Kansas
Contract Negotiations and Research Compliance
(785) 864-7431
xxxxxx@ukans.edu

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