For those who may want to try the same approach with the Technology Control Plan, a copy of our approved plan is attached. Kathy Dewitt wrote: > Barbara, > Can you elaborate on just how you do this? > Do you set hours when foreign nationals can not be in the facility? > Do the foreign nationals have badges? > Trying to picture how this is doable. > Kathy > > > Begin forwarded message: > > *From: *Barbara Gray <xxxxxx@DRI.EDU <mailto:xxxxxx@DRI.EDU>> > *Date: *August 10, 2006 12:14:12 PM GMT-04:00 > *To: *xxxxxx@hrinet.org <mailto:xxxxxx@hrinet.org> > *Subject: **Re: [RESADM-L] Army award negotiation* > *Reply-To: *Research Administration Discussion List > <xxxxxx@hrinet.org <mailto:xxxxxx@hrinet.org>> > > 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 <mailto:xxxxxx@BERKELEY.EDU>>* >> Sent by: Research Administration List <xxxxxx@hrinet.org >> <mailto:xxxxxx@hrinet.org>> >> >> 08/08/2006 10:01 AM >> Please respond to >> Research Administration Discussion List <xxxxxx@hrinet.org >> <mailto:xxxxxx@hrinet.org>> >> >> >> >> To >> xxxxxx@hrinet.org <mailto: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 <mailto: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> >> >> ====================================================================== >> 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") >> ====================================================================== >> >> ====================================================================== >> 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") >> ====================================================================== >> >> ====================================================================== >> 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") >> ====================================================================== >> > > -- > 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 <mailto:xxxxxx@dri.edu> > www.dri.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") > ====================================================================== > > Kathryn A. DeWitt > Project Representative - DoD, DHS, NASA, USDA > University of Michigan - DRDA > Midwest Secretary SRA > 3003 South State Street #1058 > Ann Arbor, MI 48109-1274 > 734-936-1288 > 734-764-8510 (FAX) > > -- 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 ====================================================================== 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") ======================================================================
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