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Department of DefenseUpdates - Fundamental Research Guidance
Presented By the Office of Research Integrity & AssuranceJune 2010
Basic Safeguarding of Unclassified DoD Information
252.204-7XXX
• The potential DFARS changes would revise the prescription for the existing clause at DFARS 252.204-7000 - Disclosure of Information
• Two types of safeguarding: Basic and Enhanced• not used in solicitations and contracts for fundamental research
unless the requiring activity has identified a validated requirement for access to or generation of DoD information to perform the fundamental research
• Proposed Rule March 2010
Department of Defense• Updates:
– DFARS 252.204-70XX: Safeguarding Unclassified Information (Proposed Rule, March 2010)
– New DFARS Clause 252.204.7008 ( April 2010)– Guidance on Disclosure of Results of Fundamental
Research (May 2010)• NSDD-189• DoD Directive 5230.24• DoD Directive 5230.27
Export Controlled Items252.204-7008
• Single clause to replace two previous restrictive clauses 252.204-7008 and 252.204-7009– The Contractor shall comply with all applicable laws and
regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR.
– The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.
• If you see 252.204-7009 export controlled contact PNT/ORIA
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No DoD assessment of export controls
Replaces use of two restrictive export clauses 252.204-7008 and 252.204-7009
Raises awareness of export controls included in every solicitation and contract
Easier to flow down
Elimination of DoD performance expectations
Burden on university to assess export issues not covered by FRE
Single Clause Pros and Cons
252.204-7008
Guidance on Disclosure of Results of Fundamental Research
(June 2008 and May 2010)• DoD program managers should actively avoid getting their
research entangled in export controls or other potential restrictions on public disclosure.
• Unclassified contracted fundamental research awards should not become subject to controls under U.S. statutes and regulations, including U.S. export control laws and regulations.
• The performance of contracted fundamental research also should not be managed in a way that it becomes subject to restrictions on the involvement of foreign researchers or publication restrictions
NSDD 189 (1985 reaffirmed 2001 and 2010)
• National Policy: – the products of fundamental research
remain unrestricted– the mechanism for control of information
generated during federally-funded fundamental research is classification
DoD Directive 5230.24Distribution Statements on Technical Documents (CDRL’s)
– to denote which are available for distribution, release, and dissemination
– Statement A for public release and unlimited distribution (FRE)
– Statements B-F increasing degree restrictions– Statement X is for export controls
DoD Directive 5230.27Presentation of DoD-Related Scientific and Technical Papers
• Allows the publication and public presentation of unclassified contracted fundamental research results
• Contracted Fundamental Research includes grants and contracts that are– (a) funded by budget Category 6.1 "Research”,
whether performed by universities or industry or – (b) funded by budget Category 6.2 "Exploratory
Development” and performed on-campus at a university
Category 6.3 “Development” fundamental research?
Key Factor of DoD Guidance
• Restrictive language of the prime does not need to be flowed down to subcontractors when the sub’s work is FRE– Industry to ASU– ASU to our subcontractors
DoD Updates Summary• 252.204-7XXX - Basic Safeguarding of
Unclassified Information – be cautious, may impact FRE, contact
PNT/ORIA• 252.204-7008 - Export Controlled Items
– major improvement over previous language– included in all solicitations and contracts
• DoD Fundamental Research Guidance – use to emphasize case for no restrictions on
FRE
Concerns or Questions About Exports?
• Contact ORIA:– Debra Murphy, Director 965-2179– Candyce Lindsay, Assistant Director 965-8016– Susan Metosky, Specialist 727-0871
For additional information or forms visit:
http://[email protected]
