Re: problematic contract clause Claire L. Carlson 13 Aug 2001 13:09 EST
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 > > >====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") >====================================================================== 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 ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================