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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
b For the incrementally funded CLINs identified in paragraph a of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including any invoice payments to which the Contractor is entitled and reimbursement of authorized termination costs in the event of termination of those CLINs for the Governments convenience, does not exceed the total amount currently obligated to those CLINs. The Contractor is not authorized to continue work on these items beyond that point.
The Government will not be obligated in any eventto reimburse the Contractor in excess of the amount allotted to the CLINs of the contract regardless of anything to the contrary in any other clause, including but not limited to the clause entitled Termination for Convenience of the Government or paragraph l entitled Termination for the Governments Convenience of the clause at FAR
52.2124, Commercial Terms and Conditions Commercial Items.
c Notwithstanding paragraph h of this clause, the Contractor shall notify the Contracting Officer in writing at least 30 days prior to the date when, in the Contractors best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85
percent of the total amount then allotted to the contract for performance of the items identified in paragraph a of this clause. The notification shall state the estimated date when that point will be reached and an estimate of additional funding, if any, needed to continue performance. The notification shall also advise the Contracting Officer of the estimated amount of additional funds required for the timely performance of the items funded pursuant to this contract. If after such notification additional funds are not allotted by the date identified in the Contractors notification, or by an agreed upon substitute date, the Contracting Officer will terminate any items for which additional funds have not been allotted, pursuant to the terms of this contract authorizing termination for the convenience of the Government. Failure to make the notification required by this paragraph, whether for reasons within or beyond the Contractors control, will not increase the maximum amount payable to the Contractor under paragraphs a and b of this clause.
d The Government may, at any time prior to termination, allot additional funds for the performance of the items identified in paragraph a of this clause.

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e The termination provisions of paragraphs a through h of this clause do not limit the rights of the Government under the clause entitled Default or paragraph m entitled Termination for Cause, of the clause at FAR 52.2124, Commercial Terms and Conditions Commercial Items. The provisions of this clause are limited to the work and allotment of funds for the items set forth in paragraph a of this clause. This clause no longer applies once the contract is fully funded.
f Nothing in this clause affects the right of the Government to terminate this contract pursuant to the Governments termination for convenience terms set forth in this contract.
g Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
h The parties contemplate that the Government will allot funds to this contract from time to time as the need arises and as funds become available.
There is no fixed schedule for providing additional funds.
End of clause 1252.23570

Research Misconduct.

As prescribed in 1235.0701, insert the following clause:
Research Misconduct DATE
a Definitions. As used in this clause Adjudication means the process of reviewing recommendations from the investigation phase and determining appropriate corrective actions.
Complainant means the person who makes an allegation of research misconduct or the person who cooperates with an inquiry or investigation.
DOT Oversight Organization is the Department of Transportation DOT
operating administration or secretarial office sponsoring or managing Federally-funded research.
Evidence includes, but is not limited to, research records, transcripts, or recordings of interviews, committee correspondence, administrative records, grant applications and awards, manuscripts, publications, expert analyses, and electronic data.
Fabrication means making up data or results and recording or reporting them.
Falsification means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record.
Inquiry means preliminary information gathering and fact-finding
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to determine if an allegation, or apparent instance of research misconduct, warrants an investigation.
Investigation means formal collection and evaluation of information and facts to determine if research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.
Plagiarism means the appropriation of another persons ideas, processes, results, or words without giving appropriate credit. Research misconduct does not include honest error or differences of opinion.
Research and Technology Coordinating Council RTCC is the lead DOT entity for coordination of all actions related to allegations of research misconduct. The respondent in a research misconduct finding may appeal through the RTCC to the Deputy Secretary of Transportation.
Research institution includes any Contractor conducting research under DOT-funded contractual instruments, contracts, and similar instruments.
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 difference of opinion.
Research record means the record of data or results that embody the facts resulting from scientific inquiry, and includes, but is not limited to, research proposals, laboratory records, both physical and electronic, progress reports, abstracts, theses, oral presentations, internal reports, and journal articles.
Respondent means the person against whom an allegation of research misconduct has been made, or the person whose actions are the focus of the inquiry or investigation.
b General guidelines. 1
Confidentiality. DOT organizations, including research organizations, are required to safeguard the confidentiality of the inquiry, investigation and decision-making processes, including maintaining complete confidentiality of all records and identities of respondents and complainants.
2 Retaliation prohibited. If a complainant who has reported possible research misconduct alleges retaliation on the part of DOT organization management, the report will be addressed by management officials who will conduct an inquiry into the allegations followed by an appropriate management action.
3 Separation of phases. DOT
organizations and research organizations must ensure the
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