Sec.
935.010 Scientific and technical reports.
935.070 Research misconduct.
935.071 Contract clause.

Authority:  42 U.S.C. 7101 et seq.; 41 U.S.C. 418b; 50 U.S.C. 2401 et seq. 

Source:  49 FR 12016, Mar. 28, 1984; 65 FR 80994, Dec. 22, 2000; 74 FR 36358, Jul. 22, 2009, unless otherwise noted.  

935.010 Scientific and technical reports.
(c) All research and development contracts which require submission of scientific and technical reports, shall include an instruction requiring the contractor to submit all scientific and technical reports, and any other notices or reports relating thereto, electronically to the Department of Energy (DOE) Energy Link System (E-link) at http://www.osti.gov/. (d) Contractors shall be required to submit with each report a completed DOE Form 1332.15, "DOE and Major Contractor Recommendations for Announcement and Distribution of Documents," except when the contract is with an educational institution, in which case the contractor shall be required to submit with each report a completed DOE Form 1332.16, "University Contractor, Grantee and Cooperative Agreement Recommendations for Announcement and Distribution of Documents."

[56 FR 41965, Aug. 26, 1991; 74 FR 36358, Jul. 22, 2009]

935.070 Research misconduct.
(a) Applicability. The DOE research misconduct policy set forth at 10 CFR part 733 addresses research misconduct by individuals who propose, perform or review research of any kind for the Department of Energy pursuant to a contract. The regulation applies regardless of where the research or other activity is conducted or by whom. (b) Definition. Research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion.  A finding of research misconduct means a determination based on a preponderance of the evidence, that research misconduct has occurred, including a conclusion that there has been a significant departure from accepted practices of the relevant research community and that it be knowingly, intentionally, or recklessly committed.  

935.071 Contract clause. The contracting officer must insert the clause at 952.235-71, Research Misconduct, in contracts, including management and operating contracts, that involve research.

[70 FR 37010 Jun. 28, 2005]