We recently refused to accept a subcontract from another institution
because this clause was one of the required flow downs and the DOD sponsor
refused to change it. We don't accept contracts that allow a sponsor
absolute control over our ability to publish.
Claire L. Carlson
Associate Vice President for Research
The University of Montana
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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Claire L. Carlson
Associate Vice President for Research
The University of Montana
E-mail: xxxxxx@selway.umt.edu
Phone: 406-243-5796
Fax: 406-243-5739
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