[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Rules and Regulations]
[Pages 66266-66270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20665]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1503 and 1552

[EPA-HQ-OARM-2015-0657; FRL-10012-65-OMS]


Environmental Protection Agency Acquisition Regulation (EPAAR); 
Scientific Integrity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a final 
rule to address scientific integrity requirements in the creation of a 
contract clause for inclusion in solicitations and contracts when the 
Contractor may be required to perform, communicate, or supervise 
scientific activities or use scientific information to perform advisory 
and assistance services. This clause will complement the EPA's 
Scientific Integrity Policy to ensure all scientific work developed and 
used by the Government is accomplished with scientific integrity.

DATES: This final rule is effective on October 19, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OARM-2015-0657; FRL-10012-65-OMS. All documents in 
the docket are listed on the http://www.regulations.gov website. 
Although listed in the index, some information is not publicly 
available, e.g., confidential business information or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy, Training, and 
Oversight Division, Acquisition Policy and Training Branch (3802R), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; telephone number: 202-564-1091; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA's Scientific Integrity Policy is based on a Presidential 
Memorandum for the Heads of Executive Departments and Agencies, Subject 
Line: Scientific Integrity, Dated: March 9, 2009. The memorandum 
directs the Director of the Office of Science and Technology Policy 
(OSTP) to work with the Office of Management and Budget (OMB) and 
agencies to develop policies to ensure all scientific work developed 
and used by the Government is done so with scientific integrity. OSTP 
issued further guidance in the Scientific Integrity memorandum dated 
December 17, 2010.
    This final rule requires EPA contractors to ensure that all 
personnel within their organization, subcontractors and consultants, 
that perform, communicate, or supervise scientific activities or use 
scientific information to perform advisory and assistance services 
under their specified contracts with EPA, have read and understand 
their compliance responsibilities regarding the EPA's Scientific 
Integrity Policy.
    The proposed rule was published in the Federal Register (83 FR 
48581-48584) on September 26, 2018, providing for a 60-day comment 
period. Interested parties were afforded the opportunity to participate 
in the making of this rule.

II. Public Comments on the Proposed Rule

    The following is a summary of the public comments received on the 
proposed rule and the EPA's response to these comments.
    1. Comment: Several commenters expressed concerns about the costs 
of making scientific information available online and also that 
requiring scientific information to be available online could 
compromise confidentiality of the scientific information.
    Response: The proposed clause requirement at EPAAR Sec.  1552.203-
72(c)(1)(x) to make scientific information available online has been 
deleted.
    2. Comment: One commenter suggested that the EPA inform contractors 
of their need to evaluate computer models in adherence to the EPA 
Models Guidance.
    Response: This requirement is described in general terms because 
listing specific guidance may not be all-inclusive or the guidance may 
change in the future.
    3. Comment: One commenter noted that preventing intimidation or 
coercion of scientists to alter their scientific findings is a crucial 
element of the EPA's Scientific Integrity Policy and proposed adding 
the terms ``attempted or actual intimidation or coercion'' to the 
clause to clarify that both attempted or actual intimidation or 
coercion would be a loss of scientific integrity.
    Response: The EPA agrees and has added the terms ``attempted or 
actual'', defining intimidation or coercion to EPAAR 1552.203-
72(c)(2)(i).
    4. Comment: One commenter expressed concern that the proposed rule 
does not explicitly address whether an individual employee of a 
contractor has an obligation to report loss or potential loss of 
scientific integrity to the contracting officer, his or her supervisor, 
or both, or to whom and how to report.
    Response: In this final rule, the EPA does clarify in paragraph (d) 
of the clause that an employee of the contractor must report any loss 
or potential loss of scientific integrity in writing to the contractor 
who must communicate it to the EPA.
    5. Comment: Concern was expressed that there is no explicit 
mechanism for resolving a dispute if the contractor, or an individual 
contractor employee, feels that the contracting officer has reached an 
incorrect conclusion or is applying an inappropriate remedy with regard 
to a loss of scientific integrity.
    Response: The EPA agrees that a party who has been accused of a 
loss of scientific integrity should be able to respond to the Agency's 
decision regarding the loss of scientific integrity and the remedy. 
Section (e)(5) of the clause has been edited to state that if the party 
who has been accused of a loss of scientific integrity feels that the 
Agency has reached an incorrect conclusion or the Agency has applied an 
inappropriate remedy, that party may provide a written response to the 
Contracting Officer, Scientific Integrity Official, and/or Office of 
Inspector General (OIG).
    6. Comment: One commenter noted that it was not clear if the 
proposed rule intended to cover a situation where a contractor, or 
employee of a contractor, became aware of a loss or suspected loss of 
scientific integrity by an EPA employee, but suggested the rule should 
cover this situation. Further, the commenter suggested such a loss or 
suspected loss of scientific integrity by an EPA employee be reported 
to someone other than the contracting officer or the contracting 
officer's representative.

[[Page 66267]]

    Response: EPA agrees and has revised paragraph (d) of the clause to 
clarify that the final rule addresses the situation where a contractor, 
or employee of a contractor, becomes aware of an actual or suspected 
loss of scientific integrity by an EPA employee. Language has been 
added to state that, if the actual or potential loss of scientific 
integrity is by an EPA employee, the contractor may inform the EPA's 
Scientific Integrity Official in addition to the contracting officer or 
contracting officer's representative. An employee of the contractor 
must report any actual or potential loss of scientific integrity to the 
contractor who must communicate it to the EPA.
    7. Comment: One commenter stated that the two clauses need to be 
further emphasized to prevent bias during scientific inquiry.
    Response: To clarify, there is only one clause, EPAAR Sec.  
1552.203-72. EPAAR Sec.  1503.1071 is the prescription for the use of 
the clause. The EPA believes that there is sufficient emphasis in the 
clause requirements to prevent bias during scientific inquiries. 
Additionally, contractors are legally bound to adhere to all terms of 
the clause, if it is included in their contract(s).
    8. Comment: One commenter noted that the proposed rule requires EPA 
contractors to adhere to the standards set forth in the EPA's 
Scientific Integrity Policy, but the commenter was concerned that 
contractors cannot comply with standards if they don't know about them. 
The commenter suggested additional language be added to the clause 
noting all the guidance upon which the EPA's Scientific Integrity 
Policy is built.
    Response: The EPA believes such additional language is not 
necessary. Contractors are notified of the scientific integrity 
requirements, which includes a link to the EPA's Scientific Integrity 
Policy, when this clause is included in the solicitation and contract.
    9. Comment: One commenter suggested that the rule should be 
designated as ``significant'' under Executive Order (E.O.) 12866, as 
other agencies may not require contractor compliance with the EPA's 
Scientific Integrity Policy, which could create serious inconsistencies 
when the EPA is working with the other agencies on matters of interest 
to both agencies. The commenter was also concerned that contractor 
adherence to the EPA's Scientific Integrity Policy could also raise 
legal or policy issues arising out of legal mandates, the President's 
priorities, or E.O. 12866.
    Response: The Office of Management and Budget determines if a rule 
is a significant regulatory action. The EPA's Scientific Integrity 
Policy is based on OSTP guidance and developed in conjunction with 
OMB's approval.
    10. Comment: One commenter expressed concern that the proposed rule 
provides that it is the contracting officer who decides when the 
Scientific Integrity clause applies and when it should be inserted in a 
contract. The commenter was concerned that while some examples of 
activities that may trigger the rule's application are listed in the 
clause, the list of examples is not exhaustive, and the applicability 
may be misinterpreted by the contractor officer.
    Response: The EPA agrees that the technical experts regarding 
applicability would be the EPA program office. Therefore, this final 
rule adds language so the contracting officer will consult with the 
program office regarding inclusion of the Scientific Integrity clause 
in a contract.
    11. Comment: One commenter proposed adding language requiring 
contractors to use the most refined species location maps and best 
actual sampling and test data available.
    Response: The EPA believes this language is redundant to what is 
already stated in the clause Sec.  1552.203-72(c)(1)(i), which states 
the contractor agrees to produce scientific products of the highest 
quality, rigor and objectivity.
    12. Comment: Several respondents that provided comments expressed 
their support of the scientific integrity requirement for contractors.
    Response: EPA appreciates the support of the respondents.

III. Final Rule

    The final rule amends FAR Part 1503--Improper Business Practices 
and Personal Conflicts of Interests, Subpart 1503.10--Contractor Code 
of Business Ethics and Conduct, by adding EPAAR Sec.  1503.1070--
Scientific integrity and 1503.1071--Contract clause. FAR Part 1552--
Solicitation Provisions and Contract Clauses is amended by adding EPAAR 
clause Sec.  1552.203-72--Scientific Integrity.
    1. EPAAR Sec.  1503.1070 explains the basis for the subsection.
    2. EPAAR Sec.  1503.1071 establishes the prescription for use of 
EPAAR clause Sec.  1552.203-72 in all solicitations and contracts when 
the contractor may be required to perform, communicate, or supervise 
scientific activities, or use scientific information to perform 
advisory and assistance services.
    3. EPAAR Sec.  1552.203-72--Scientific Integrity clause states the 
applicability, term definitions as used in this clause, compliance 
requirements, reporting requirements, if an actual or suspected loss of 
scientific integrity is detected, and potential remedies.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under the E.O.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute; unless the agency certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small 
organizations, and small governmental jurisdictions. For purposes of 
assessing the impact of this final rule on small entities, ``small 
entity'' is defined as: (1) A small business that meets the definition 
of a small business found in the Small Business Act and codified at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise which is independently owned and operated and 
is not dominant in its field. After considering the economic impacts of 
this rule on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, because the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' 5

[[Page 66268]]

U.S.C. 503 and 604. Thus, an agency may certify that a rule will not 
have a significant economic impact on a substantial number of small 
entities if the rule relieves regulatory burden, or otherwise has a 
positive economic effect on all the small entities subject to the rule. 
This action establishes a new EPAAR clause that will not have a 
significant economic impact on a substantial number of small entities. 
We continue to be interested in the potential impacts of the rule on 
small entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, Local, and Tribal 
governments and the private sector. This rule contains no Federal 
mandates (under the regulatory provisions of the Title II of the UMRA) 
for State, Local, and Tribal governments or the private sector. The 
rule imposes no enforceable duty on any State, Local or Tribal 
governments or the private sector. Thus, the rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and Local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This rule 
does not have federalism implications. It will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government as specified in 
Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This rule does not have 
tribal implications as specified in Executive Order 13175.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, entitled ``Protection of Children From 
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997), 
applies to any rule that: (1) Is determined to be economically 
significant as defined under E.O. 12886, and (2) concerns an 
environmental health or safety risk that may have a proportionate 
effect on children. This rule is not subject to E.O. 13045 because it 
is not an economically significant rule as defined by Executive Order 
12866, and because it does not involve decisions on environmental 
health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution or Use'' (66 FR 28335 (May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) (15 U.S.C. 272 note) of the National Technology 
Transfer and Advancement Act of 1995, Public Law 104-113, directs EPA 
to use voluntary consensus standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., materials specifications, test methods, sampling procedures and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards. This action does not 
involve technical standards. Therefore, EPA is not considering the use 
of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this proposed 
rule will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations because it 
does not affect the level of protection provided to human health or the 
environment in the general public.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 48 CFR Parts 1503 and 1552

    Environmental protection, Government procurement, Antitrust, 
Conflict of interest, Reporting and recordkeeping requirements.

Kimberly Patrick,
Director, Office of Acquisition Solutions.
    For the reasons stated in the preamble, EPA amends 49 CFR parts 
1503 and 1552 as follows:

PART 1503--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTERESTS

0
1. The authority citation for part 1503 is revised to read as follows:

    Authority:  5 U.S.C. 301 and 41 U.S.C. 1707.


0
2. Add section 1503.1070 to read as follows:


1503.1070   Scientific integrity.

    The EPA's Scientific Integrity Policy is based on a Presidential 
Memorandum for the Heads of Executive Departments and Agencies, Subject 
Line: Scientific Integrity, Dated: March 9, 2009. The memorandum 
directs the Director of the Office of Science and Technology Policy 
(OSTP) to work with the Office of Management and Budget (OMB) and 
agencies to develop policies to ensure all scientific work developed 
and used by the Government is done with scientific integrity. OSTP 
issued further guidance in the Scientific Integrity memorandum dated 
December 17, 2010.

[[Page 66269]]

This section and clause complement the EPA's Scientific Integrity 
Policy.


0
3. Add section 1503.1071 to read as follows:


1503.1071   Contract clause.

    Contracting Officers, with advisement from the program office, must 
insert the contract clause at 1552.203-72--Scientific Integrity, in 
solicitations and contracts when the Contractor may be required to 
perform, communicate, or supervise scientific activities, or use 
scientific information to perform advisory and assistance services. 
Examples of such scientific activities include, but are not limited to, 
computer modeling, economic analysis, field sampling, laboratory 
experimentation, demonstrating new technology, statistical analysis, 
and writing a review article on a scientific issue.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. The authority citation for part 1552 is revised to read as follows:

    Authority:  5 U.S.C. 301 and 41 U.S.C. 1707.


0
5. Add section 1552.203-72 to read as follows:


1552.203-72   Scientific integrity.

    As prescribed in Sec.  1503.1071, insert the following clause:

Scientific Integrity (Month Year)

    (a) Applicability. This contract will require the Contractor to 
perform, communicate, or supervise scientific activities or use 
scientific information to perform advisory and assistance services. 
When performing, communicating, supervising, or utilizing scientific 
activities or scientific information, the Contractor must adhere to 
the EPA's Scientific Integrity Policy.
    (b) Definitions. The following definitions apply:
    Advisory and assistance services (see 48 CFR 2.101).
    Scientific activities means those activities leading to the 
systematic knowledge of the physical or material world, largely 
consisting of observation and experimentation. It also includes the 
supervision, utilization, and communication of these activities.
    Scientific information means factual inputs, data, models, 
analyses, technical information, or scientific assessments related 
to such disciplines as the behavioral and social sciences, public 
health and medical sciences, life and earth sciences, engineering, 
or physical sciences. This includes any communication or 
representation of knowledge, such as facts or data, in any medium or 
form, including textual, numerical, graphic, cartographic, 
narrative, or audiovisual forms. This definition includes 
information that an agency disseminates from a web page but does not 
include the provision of hyperlinks on a web page to information 
that others disseminate. This definition excludes opinions, where 
the agency's presentation makes clear that an individual's opinion, 
rather than a statement of fact or of the agency's findings and 
conclusions, is being offered.
    Scientific Integrity means the adherence to professional values 
and practices, that is, the codes of ethics and behaviors in the 
scientists' fields of study, when conducting, supervising, 
communicating, and utilizing the results of science and scholarship. 
It ensures objectivity, clarity, reproducibility, and utility. It 
also provides insulation from bias, fabrication, falsification, 
plagiarism, improper outside interference, and censorship.
    (c) Compliance with policy. Prior to beginning performance under 
this contract, the Contractor must ensure that all personnel within 
their organization, including subcontractors and consultants, that 
perform, communicate, or supervise scientific activities, or use 
scientific information to perform advisory and assistance services 
under this contract, have read and understand their compliance 
responsibilities with the EPA's Scientific Integrity Policy. This 
requirement applies to any personnel that will supervise, conduct, 
utilize, or communicate scientific activities or scientific 
information. Examples of such scientific activities include, but are 
not limited to, computer modeling, economic analysis, field 
sampling, laboratory experimentation, demonstrating new technology, 
statistical analysis, and writing a review article on a scientific 
issue.
    (1) Consistent with the objective of promoting a culture of 
scientific integrity and transparency, as discussed in the EPA's 
Scientific Integrity Policy, the Contractor agrees to:
    (i) Produce scientific products of the highest quality, rigor, 
and objectivity, by adhering to applicable EPA information quality 
policy, quality assurance policy, and peer review policy;
    (ii) Prohibit suppressing, altering, or otherwise impeding the 
timely release of scientific findings or conclusions;
    (iii) Adhere to the Peer Review Handbook, current edition, for 
the peer review of scientific and technical work products generated 
through this contract;
    (iv) Act honestly and refrain from acts of research misconduct, 
including publication or reporting, as described in EPA Order 3120.5 
Policy and Procedures for Addressing Research Misconduct. Research 
misconduct does not include honest error or differences of opinion;
    (v) Require that reviews of the content of a scientific product 
be based only on scientific quality considerations, e.g., the 
methods used are clear and appropriate, the presentation of results 
and conclusions is impartial;
    (vi) Ensure scientific findings are generated and disseminated 
in a timely and transparent manner, including scientific research 
performed by subcontractors and consultants who assist with 
developing or applying the results of scientific activities;
    (vii) Include an explication of underlying assumptions, accurate 
contextualization of uncertainties, and a description of the 
probabilities associated with both optimistic and pessimistic 
projections when communicating scientific findings, if applicable;
    (viii) Document the use of independent validation of scientific 
methods; and
    (ix) Document any independent review of the Contractor's 
scientific facilities and testing activities, as occurs with 
accreditation by a nationally or internationally recognized 
sanctioning body.
    (2) To assure protection of Contractor staff supported by this 
contract, consistent with the objectives described in the EPA's 
Scientific Integrity Policy, the Contractor agrees to:
    (i) Prohibit attempted or actual intimidation or coercion of 
scientists to alter scientific data, findings, or professional 
opinions or non-scientific influence of scientific advisory boards. 
In addition, the Contractor agrees to inform its employees, 
subcontractors, and consultants, including scientists and managers, 
of their responsibility not to knowingly misrepresent, exaggerate, 
or downplay areas of scientific uncertainty; and
    (ii) Prohibit retaliation or other punitive actions toward 
employees who uncover or report allegations of scientific and 
research misconduct, or who express a differing scientific opinion. 
The Contractor must afford employees who have allegedly engaged in 
scientific or research misconduct the due process protections 
provided by law, regulation, and applicable collective bargaining 
agreements, prior to any action. The Contractor must ensure that all 
employees, subcontractors, and consultants are familiar with these 
protections and avoid the appearance of retaliatory actions.
    (d) Loss of Scientific Integrity. If during performance of this 
contract the Contractor becomes aware of an actual or suspected loss 
of scientific integrity, the Contractor must immediately inform the 
Contracting Officer and the Contracting Officer's Representative 
with a description of the actual or suspected issue in writing. If 
the actual or suspected loss of scientific integrity is by an EPA 
employee, the Contractor may inform the Agency's Scientific 
Integrity Official, in addition to the Contracting Officer and 
Contracting Officer's Representative. The Contractor must ensure 
that its employees are aware of their responsibility to immediately 
report any actual or suspected loss of scientific integrity to the 
Contractor, who must communicate it to the EPA in writing. The 
Contracting Officer and the Contracting Officer's Representative 
must consult with the Agency's Scientific Integrity Official on all 
issues related to an actual or suspected loss of scientific 
integrity under this contract and with the EPA Office of Inspector 
General (OIG), in accordance with EPA Order 3120.5 Policy and 
Procedures for Addressing Research Misconduct, on all issues related 
to research misconduct. The Agency's Scientific Integrity Official 
and/or OIG must advise the Contracting Officer and Contracting 
Officer's Representative on the appropriate remedy for any actual or 
suspected loss of scientific

[[Page 66270]]

integrity. The Contractor bears the primary responsibility for 
prevention and detection of research misconduct and for the inquiry, 
investigation, and adjudication of research misconduct alleged to 
have occurred under the contract in association with its own 
institution. However, the EPA retains the ultimate oversight 
authority for the EPA-supported research. The Contractor must take 
the actions required as described in EPA Order 3120.5 Policy and 
Procedures for Addressing Research Misconduct when research 
misconduct is suspected or found under its contract.
    (e) Remedies. The Contracting Officer in consultation with the 
Scientific Integrity Official and OIG, if applicable, will make the 
final determination on any remedy to an actual or suspected loss of 
scientific integrity. Potential remedies include:
    (1) Acceptance of the Contractor's proposed mitigation plan to 
the scientific integrity issue;
    (2) Acceptance of an alternate mitigation plan negotiated by the 
parties listed in the first paragraph of this section;
    (3) Termination for convenience, in whole or in part, if no 
mitigation plan will adequately resolve the actual or suspected loss 
of scientific integrity; or
    (4) Termination for default or cause, in whole or in part, if 
the Contractor was aware of an actual or suspected loss of 
scientific integrity under this contract and did not disclose it or 
misrepresented relevant information to the EPA. Additionally, the 
Government may debar or suspend the Contractor from Government 
contracting or pursue other remedies as may be permitted by law or 
this contract.
    (5) Opportunity to Respond--If the party who has been accused of 
a loss of scientific integrity feels that the Agency has reached an 
incorrect conclusion or the Contracting Officer has applied an 
inappropriate remedy, the party may provide a written response to 
the Contracting Officer, Scientific Integrity Official, and/or OIG.
    (f) Subcontractors and Consultants. The Contractor agrees to 
insert language in any subcontract or consultant agreement placed 
hereunder which must conform substantially to the language of this 
clause, including this paragraph (f), unless otherwise authorized in 
advance in writing by the Contracting Officer.
    (g) Additional Resources. For more information about the EPA's 
Scientific Integrity Policy, an introductory video can be accessed 
at: https://youtu.be/FQJCy8BXXq8. A training video is available at: 
https://youtu.be/Zc0T7fooot8.

(End of clause)

[FR Doc. 2020-20665 Filed 10-16-20; 8:45 am]
BILLING CODE 6560-50-P