[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