Mike,

The DFAR prescription for this 252.204-7000 is:

204.404-70 Additional contract clauses.
(a) Use the clause at 252.204-7000, Disclosure of Information, in
solicitations and contracts when the contractor will have access to or
generate unclassified information that may be sensitive and inappropriate
for release to the public.

If your project is indeed sensitive and inappropriate for release, you
won't have much luck getting it out.  If it is not, you should certainly
make and present a case for removing the clause.  I've always been
successful in getting it out based on the nature of the project.

Rosemary

At 08:24 AM 8/10/2001 -0500, you wrote:
>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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Rosemary H. Ruff
Associate Director
Office of Review and Compliance
Auburn University

(334) 844-5978 (voice)
(334) 844-4391 (fax)

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