Attendance of Contractor Staff at Closed Sessions of Meetings

This SOP has internal roles only.

Purpose

To prohibit the attendance of contractor staff at closed sessions of NIAID Council meetings, scientific review groups, special emphasis panels, and site visits.

Procedure

In general, contractors may not attend closed sessions of meetings of Council, scientific review groups, and site visits. However, they may obtain a waiver under exceptional circumstances.

This regulation enables NIH to ensure confidentiality of trade secrets and other commercial, personal, or sensitive information.

Furthermore, only federal officials can perform activities the government defines as "inherently governmental" -- see OMB Circular A-76.

Peer Review Meetings

Scientific Review Officers

• If a contractor's attendance is required to help the scientific review officer (SRO) oversee the meeting, request a waiver from the DEA director. Include a justification in the request. A contractor may attend only if there is an overwhelming need.
• Submit the approved waiver and any waivers from program staff to NIAID's Committee Management Office (CMO) for the official meeting file.
• Make sure the contractor signs conflict of interest and confidentiality documents for each meeting and send a copy to the CMO.
• Arrange for the contractor to attend the pre-meeting briefing for contractors.

Program Officers

• If a contractor is needed to provide critical information about a peer review to program officials, request a waiver that includes a justification from the NIAID deputy director for science management. A contractor is permitted to attend only if there is no feasible alternative.
• Send a copy of the approved waiver to the SRO before the meeting.
• Make sure contractor signs conflict of interest and confidentiality documents for each meeting.
• Work with SRO to ensure that contractor attends pre-meeting briefing for contractors.

Contractors

Contractors who attend closed meetings must:

• Agree to observe NIH confidentiality requirements.
• Sign a nondisclosure agreement prohibiting disclosure of government business and a non-competition agreement prohibiting the company from competing for activities in which the contractor participates.
• Divulge any conflicts of interest following NIH procedures.
• Observe federal government standards of ethical conduct.
• Attend pre-meeting briefing for contractors.
• Make recommendations only to a program officer or SRO.

Contractors must not:

• Invite scientists to serve on a review committee.
• Counsel or discuss results of peer review with PIs.
• Speak or appear to speak for NIH or the government.
• Make a decision that could be construed as binding for the government.
• Take notes that would identify individual reviewer comments from study section meetings.

Committee Management Officer

• Put a copy of waivers associated with peer review meetings in the official meeting file.

Administrative and Contracting Officers

• Ensure that language in the statement of work is consistent with policies and regulations governing appropriate tasks for contractors.

Advisory Council

SROs and Program Officers

• In very rare situations, have the NIAID director or deputy director for science management determine the need for a contractor's expertise at the meeting.
• Obtain NIAID director and Council executive secretary approval before the meeting.
• Provide documentation of approval to the CMO and Council executive secretary before the meeting.
• Obtain a Council pass from CMO.

Contacts

DEA Office of the Director

Marvin Kalt, mk74s@nih.gov, 301/496-7291
Anna Ramsey-Ewing, ar15o@nih.gov, 301/435-8536

Scientific Review Program

Hortencia Hornbeak, hhornbeak@niaid.nih.gov, 301/496-8208

Committee Management Office

Mary Nuss, mn28z@nih.gov, 301/451-9896

Office of Acquisitions

Barbara Shadrick, bshadrick@niaid.nih.gov, 301/496-7288

If you have knowledge to share or want more information on this topic, email deaweb@niaid.nih.gov with the title of this page or its URL and your question or comment. Thanks for helping us clarify and expand our knowledge base.

Links

Center for Scientific Review, SRO Handbook

Final report of the EPMC working group

NIH Policy Manual Chapter 6315-1, Initiation, Review, Evaluation, and Award of Research and Development Contracts

NIH Policy Manual Chapter 54514, Role of Staff at Peer Review Advisory Committee Meetings and Exchange of Information Among Review, Program and Grants Management Staffs

Office of Federal Advisory Committee Policy: Laws, Regulations, Policies and other Reference Tools

Office of Federal Advisory Committee Policy, Attendance at Closed Sessions of Meetings of National Advisory Councils, Scientific Review Groups, and Special Emphasis Panels

Reinvention of the Role of the Extramural Program Scientist at NIH

Scientific Peer Review of Research Grant Applications and Research and Development Contract Projects: Final Rule 42 CFR part 52h