Norman -
It is unwise to accept a publication restriction unless the reasons not to
publish are very compelling. What about student theses, data that shows
harm to a test population, a faculty member's need to publish... just some
of the considerations in favor of publication. The Sponsor's desire alone
is not a compelling reason. Since the funds are federal flow, you should
take a look at the scope of your particular "piece" of the project and make
an argument from there to delete the clause if it is not appropriate. The
prescription in FAR states:
"204.404 Contract clause.
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 you do not believe a restriction meets these criteria, challenge your
sponsor to show what portions of your project/data are sensitive and
inappropriate for the public to see. The fact that the restrictive FAR
clause is in their PRIME does not mean that it is appropriate for flow down
to you.
Rosemary
At 09:16 AM 11/25/1998 -0500, you wrote:
>At VCU we have no written policy. For over 15 years our practice has been
>that we will not accept any control of content other than checking for
>inadvertant disclosure of proprietary information and inspection for
>possible unreported/unprotected inventions. We will allow a no-publish
>clause up front (not after the results have been seen), but only for senior
>faculty members or, for junior faculty members, the explicit approval of
>chair and occasionally, dean (judgement call). We're protecting the junior
>faculty member's right to publish over the interest of getting funded
>because of how P&T works, but an established professor can make up his own
>mind.
>
>Stop and consider the reason for control. If it is to prohibit disclosing
>unpalatable results, STOP RIGHT THERE! If there is a reasonable commercial
>reason, compare it to your principles and practices. Maybe timing is
>important, e.g., a study developing information that is input to a policy
>decision might be delayed until after the decision is made.
>
>Chuck
>
>
>At 09:01 AM 11/25/98 -0500, you wrote:
>>I have been asked by our dean's office to gather information about whether
>>other colleges or universities will accept agreements from industry which
>>allow industry/government the right of approval on publications. One
>>example of this is a subcontract from industry containing the federal DFARS
>>clause at 252.204-7000 Disclosure of information.
>>
>>I would appreciate as many responses as possible - please email, fax or
call.
>>
>>Thanks!
>>-Norm
>>****************************************
>>Norman J. Hebert, Associate Director
>>Office of Research Administration
>>Brown University
>>164 Angell St., Box 1929
>>Providence, RI 02912
>>email: xxxxxx@brown.edu
>>phone: (401) 863-3141
>>fax: (401) 863-7292
>>
>>
>>==========================================================================
===
>>
>Herbert B. Chermside, CRA
>Director, Sponsored Programs Administration
>Virginia Comonwealth University
>PO BOX 980568
>Richmond, VA 23298-0568
>Express Delivery Only:
> Sanger Hall, Rm. 1-073
> 11th & Marshall Streets
> Richmond, VA 23219
>Voice: 804-828-6772
>Fax 804-828-2521
>OFFICE e-mail xxxxxx@VCU.EDU
>Personal e-mail xxxxxx@vcu.edu
>http://views.vcu.edu/views/ospa/
>
>
>=============================================================================
>
>
_____________________________________________________________________________
*****************************************************************************
Rosemary H. Ruff VOICE: 334-844-4438
Assistant Director FAX: 334-844-5953
Contracts & Grants Administration EMAIL: xxxxxx@mail.auburn.edu
310 Samford Hall Auburn, AL 36849-5131
Si hoc signum legere potes, operis boni in rebus Latinus alacribus et
fructuosis potiri potes!
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