NIAID Review of Press Releases Under Contracts

Purpose

To review press releases produced by NIAID contractors relating to their contracts.

Procedure

Press releases include the public release of information to any medium, excluding peer-reviewed scientific publications. Press releases are a product of the contractor and, unless required by the terms of the contract, are generally not under the control of the federal government.

Advance copies of press releases may come to NIAID through a project officer, the Office of Acquisitions (OA), NIAID’s News and Public Information Branch (NPIB), communications liaisons in scientific divisions, or by other means.

NIAID acts only on press releases that are grossly inaccurate, misleading, false, or potentially harmful if they influence public behavior. The Institute anticipates that very few press releases will match these criteria.

Because contractors typically develop and publish press releases in a short amount of time, NIAID personnel must respond to advance copies quickly.

Contractors

• Review the requirements of your contract regarding press releases, as well as publications and publicity. Information may be included in Sections B, H, and I of your contract.
• As soon as possible, but not less than four working days prior to issuing a press release, send a copy of the press release to your project officer.
• Work with NIAID to resolve any concerns or questions regarding press releases.

Project Officers and Scientific Program Divisions

• After NIAID receives an advance copy of a press release from a contractor, either a project officer or a division communications liaison should immediately distribute the press release to NPIB and OA.
• Confirm that all parties have received the press release.
• Read the press release for accuracy.
• Within two working days of receiving the press release, provide any comments to OA and NPIB. Limit comments to serious concerns regarding accuracy.
• When a press release requires NIAID action, notify NPIB, identify the erroneous information, and explain the facts.
• In cases of potential misconduct, contact the NPIB chief immediately. NPIB will review the press release and notify NIAID's research integrity officer (RIO).
• Address concerns in a phone conversation with the contractor, OA, the RIO, and NPIB. Project officers should not contact the contractor directly regarding press releases.
• If necessary, prepare a rebuttal statement with OA and NPIB.

News and Public Information Branch

• If a contractor sends NPIB advance copies of press releases, immediately send a copy for distribution to the project officer.
• Read press release.
• Receive comments from the project officer and OA.
• When a press release requires NIAID action, notify the RIO. Also address concerns in a phone conversation with the contractor, OA, the RIO, and the project officer.
• Facilitate a coordinated NIAID response or rebuttal if:
• A contractor issues a press release as originally written without consideration of NIAID comments or concerns.
• OA correspondence with a contractor has not produced an acceptable response.

Contract Specialists and Contracting Officers

• Insert an Advance Understanding in Section B of all new contracts, substantially as follows:
  • The contractor agrees to accurately and factually represent the work conducted under this contract in all press releases. In accordance with NIH Manual Chapter 1754, misrepresenting contract results or releasing information that is injurious to the integrity of NIH may be construed as improper conduct.  The complete text of NIH Manual Chapter 1754 can be found at: http://www1.od.nih.gov/oma/manualchapters/management/1754/
    Press releases shall be considered to include the public release of information to any medium, excluding peer-reviewed scientific publications. The contractor shall ensure that the project officer has received an advance copy of any press release related to this contract not less than four (4) working days prior to the issuance of the press release.
• If a contractor sends advance copies of press releases, immediately send a copy for distribution to the project officer.
• Read press releases for accuracy.
• Within two working days of receiving the press release, provide any comments to the project officer and NPIB. Limit comments to serious concerns regarding accuracy.
• When a press release requires NIAID action, coordinate a phone conversation with OA, the RIO, NPIB, the project officer, and the contractor to address concerns.
• In cases of potential misconduct, contact the NPIB chief immediately. It may be advisable to consult with the HHS Office of the General Counsel (OGC) as well.  Document any discussions in a memorandum to the file.
• In cases where NIAID has contacted the contractor and the contractor refuses to consider NIAID comments, send a letter to any or all of the following: contract principal investigator, business representative, and organization president. Route the letter through the OA director.
  • The letter should:
    • Specifically identify the objectionable material.
    • Explain the facts from the NIAID viewpoint.
    • Request that the contractor retracts the objectionable material.
• You are encouraged to consult with OGC at this point as well.
• If the contractor makes no retraction, work with the project officer and NPIB to prepare a rebuttal statement. Route the rebuttal statement through OA director for signature. Copy NPIB, the project officer, and OGC, as applicable.
• File all correspondence in the official contract file.

Contacts

See the Office of Acquisitions staff listing for the appropriate contract specialist.

NIAID research integrity officer, Dr. Marvin Kalt, mk74s@nih.gov, 301/496-7291

OA director, Charles Grewe, cg59b@nih.gov, 301/496-7117

HHS Office of the General Counsel, 202/619-0153

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Links

Contract Workforms

Office of Acquisitions