PART 733—ALLEGATIONS OF RESEARCH MISCONDUCT Authority: 42 U.S.C. 2201; 7254; 7256; 7101 et seq.; et seq. Source: 70 FR 37014, June 28, 2005, unless otherwise noted. § 733.1 Purpose. The purpose of this part is to set forth a general statement of policy on the treatment of allegations of research misconduct consistent with Federal Policy on Research Misconduct established by the White House Office of Science and Technology Policy on December 6, 2000 (65 FR 76260-76264). § 733.2 Scope. This part applies to allegations of research misconduct with regard to scientific research conducted under a Department of Energy contract or an agreement. § 733.3 Definitions. The following terms used in this part are defined as follows: Contract DOE DOE Element Fabrication Falsification Financial assistance agreement Finding of research misconduct Plagiarism Research Research misconduct Research record [70 FR 37014, June 28, 2005, as amended at 79 FR 76047, Dec. 19, 2014] § 733.4 Research misconduct requirements. DOE intends to apply the research misconduct policy set forth in 65 FR 76260-76264 by including appropriate research misconduct requirements in contracts and financial assistance awards that make contractors and financial recipients primarily responsible for implementing the policy in dealing with allegations of research misconduct in connection with the proposal, performance or review of research for DOE . § 733.5 Allegations received by DOE. If DOE receives directly a written allegation of research misconduct with regard to research under a DOE contract or financial assistance agreement, DOE will refer the allegation for processing to the DOE Element responsible for the contract or financial assistance agreement. § 733.6 Consultation with the DOE Office of the Inspector General. Upon receipt of an allegation of research misconduct, the DOE Element shall consult with the DOE Office of the Inspector General which will determine whether that office will elect to investigate the allegation. § 733.7 Referral to the contracting officer. If the DOE Office of the Inspector General declines to investigate an allegation of research misconduct, the DOE Element should forward the allegation to the contracting officer responsible for administration of the contract or financial assistance agreement to which the allegation pertains. § 733.8 Contracting officer procedures. Upon receipt of an allegation of research misconduct by referral under § 733.7, the contracting officer should, by notification of the contractor or financial assistance recipient: (a) Require the contractor or the financial assistance recipient to act on the allegation consistent with the Research Misconduct requirements in the contract or financial assistance award to which the allegation pertains; or (b) In the event the contractor or the financial assistance recipient is unable to act: (1) Designate an appropriate DOE program to conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of research misconduct and an identification of appropriate remedies or a determination that no further action is warranted; and (2) Make the appropriate findings consistent with the Research Misconduct requirements contained in the contract or financial assistance award, in order to act in lieu of the contractor or financial assistance recipient.