DRI received a contract from Department of the Army (congressional
earmark) that is ITAR controlled.  We tried unsuccessfully to argue that
this visualization facility project is fundamental research (there were
no publication restrictions, but ITAR licensing of foreign nationals was
required).  We were required to develop a Technology Control Plan for
the facility/equipment/software that was being funded by this porject.
In the TCP, because the facililty design, computers, and soft-ware are
all public source, we differentiated between using the facililty that
was being funded for "fundamental research in environmental sciences"
and for "military applications."  We specified different levels of
security controls for the two activities.  The Army approved this plan.
So, as long as the development of the military applications is not going
on when unlicensed foreign nationals are in the facility and as long as
they don't have access to those applications, we can use the facility,
equipment, and software without restriction for basic scientific
research and can invite the public in to see how the visualization
technology works.  Good luck.
bg

Rochelle Athey wrote:

>
> Dana:  UNLV recently received a contract directly from DARPA with a
> publication approval clause.  The work was fundamental but DARPA did
> not budge from their position.
>
> Rochelle R. Athey
> Executive Director
> Office of Sponsored Programs
> University of Nevada Las Vegas
> 702-895-1357 office
> 702-895-0986 fax
>
>
> *Dana Bostrom <xxxxxx@BERKELEY.EDU>*
> Sent by: Research Administration List <xxxxxx@hrinet.org>
>
> 08/08/2006 10:01 AM
> Please respond to
> Research Administration Discussion List <xxxxxx@hrinet.org>
>
>
>
> To
> 	xxxxxx@hrinet.org
> cc
>
> Subject
> 	Re: [RESADM-L] Army award negotiation
>
>
>
>
>
>
>
>
>
> I have a related question/issue.  I have received 3 DARPA awards
> through companies in a row that have citizenship and/or publication
> restrictions on them (eg no publication/information dissemination at
> all without DARPA approval).  Although the contracting agent for DARPA
> (and DARPA itself) agrees that the university's portion of the work is
> "fundamental" and not classified, the contracting agents are not
> willing to allow the university and the company to apply different
> clauses on these issues to their respective work.  (I've actually had
> more luck with the Army as the DARPA contracting agent than other
> contracting agents.)
>
> My university is becoming concerned that this may be a trend with
> DARPA awards in the "post 9/11" world.  Have other universities seen
> this happen recently?  Is there a "trend" at all, or has Berkeley just
> been unlucky?  (We have turned 2 of these down, and 1 is still pending.)
>
> Thanks all.
>
> -- Dana
>
>
> Dana Bostrom, Associate Director
> Industry Alliances Office, IPIRA
> University of California, Berkeley
> 2150 Shattuck Avenue Suite 950
> On campus only: mail code 1610
> Berkeley, CA 94720-1610
>
> Phone: 510.642.5861
> FAX: 510.642.5723
> ipira.berkeley.edu
>
> AUTM Vice President, Metrics & Surveys
> www.autm.net
>
> ------------------------------------------------------------------------
> *From:* Research Administration List [mailto:xxxxxx@hrinet.org] *On
> Behalf Of *Linda Campbell*
> Sent:* Tuesday, August 08, 2006 9:33 AM*
> To:* xxxxxx@hrinet.org*
> Subject:* [RESADM-L] Army award negotiation
>
> I'm negotiating a large award with the Army's Space and Missile
> Defense Command for a nanotechnology project.  The project is
> unclassified and the University does not accept classified research.
>
> The BAA stated that contracts, grants and other assistance mechanisms
> will be awarded, as applicable.  I requested a grant or cooperative
> agreement.  SMDC has decided it will be a contract.  I haven't seen
> all of the clauses yet, but the few I have reviewed include export
> control and ITAR terms.
>
> My questions:
>
> 1.  Has anyone had any success in convincing SMDC that a cooperative
> agreement is an appropriate award mechanism instead of a contract?
>
> 2.  Has anyone had any success in convincing SMDC that the fundmental
> research exemption is applicable?
>
> BTW, the funding is a Congressional appropriation.
>
> Thanks for any advice/suggestions you can share.  Please feel free to
> respond to me directly rather than to the list if you prefer.
>
> Linda
>
> Linda Campbell
> Director of Sponsored Projects
> Santa Clara University
> 500 El Camino Real
> Santa Clara, CA  95053-0250
> phone: 408.554.4408
> fax: 408.554.2389
> email: xxxxxx@scu.edu_ <mailto:xxxxxx@scu.edu>
>
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--
Barbara H. Gray
Director of Sponsored Research
Desert Research Institute
2215 Raggio Parkway
Reno, Nevada  89512-1095
Telephone:	775-673-7381
Fax:		775-673-7459
E-mail:	xxxxxx@dri.edu
www.dri.edu

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