Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24703 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

To protect the Government’s interest 

and to ensure timely delivery of items 

of the requisite quality, contracting 

officers, prior to award, must make an 

affirmative determination that the 

prospective contractor is responsible, 

i.e., capable of performing the contract. 

Before making such a determination, the 

contracting officer must have in his 

possession or must obtain information 

sufficient to satisfy himself that the 

prospective contractor (i) Has adequate 

financial resources, or the ability to 

obtain such resources, (ii) is able to 

comply with required delivery 

schedule, (iii) has a satisfactory record 

of performance, (iv) has a satisfactory 

record of integrity, and (v) is otherwise 

qualified and eligible to receive an 

award under appropriate laws and 

regulations. If such information is not in 

the contracting officer’s possession, it is 

obtained through a preaward survey 

conducted by the contract 

administration office responsible for the 

plant and/or the geographic area in 

which the plant is located. The 

necessary data is collected by contract 

administration personnel from available 

data or through plant visits, phone calls, 

and correspondence. This data is 

entered on Standard Forms 1403, 1404, 

1405, 1406, 1407, and 1408 in detail 

commensurate with the dollar value and 

complexity of the procurement. 

B. Annual Reporting Burden 

Respondents: 5,800. 

Responses per Respondent: 1. 

Total Responses: 5,800. 

Hours per Response: 21. 

Total Burden Hours: 121,800. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (MVCB), 1800 F 

Street, NW., Room 4041, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control Number 9000– 

0011, Preaward Survey Forms (Standard 

Forms 1403, 1404, 1405, 1406, 1407, 

and 1408), in all correspondence. 

Dated: April 30, 2010. 

Al Matera, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–10543 Filed 5–4–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Findings of Misconduct in Science 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that on 

March 18, 2010, the Department of 

Health and Human Services (HHS) 

Debarring Official, on behalf of the 

Secretary of HHS, issued a final notice 

of debarment based on the misconduct 

in science findings of the Office of 

Research Integrity (ORI) in the following 

case: 

Scott J. Brodie, DVM, Ph.D., 

University of Washington: Based on the 

findings in an investigation report by 

the University of Washington (UW) and 

additional analysis conducted by ORI in 

its oversight review, ORI found that 

Scott J. Brodie, DVM, Ph.D., former 

Research Assistant Professor, 

Department of Laboratory Medicine, and 

Director of the UW Retrovirology 

Pathogenesis Laboratory, UW, 

committed misconduct in science 

(scientific misconduct) in research 

supported by or reported in the 

following U.S. Public Health Service 

(PHS) grant applications: 

• 1 P01 HD40540–01 (National 

Institute of Child Health and Human 

Development [NICHD], National 

Institutes of Health [NIH]) 

• 5 P01 HD40540–02 (NICHD, NIH) 

• 1 P01 AI057005–01 (National 

Institute of Allergy and Infectious 

Diseases [NIAID], NIH) 

• 1 R01 DE014149–01 (National 

Institute of Dental and Craniofacial 

Research [NIDCR], NIH) 

• 2 U01 AI41535–05 (NIAID, NIH) 

• 1 R01 HL072631–01 (National 

Heart, Lung, and Blood Institute 

[NHLBI], NIH) 

• 1 R01 (U01) AI054334–01 (NIAID, 

NIH) 

• 1 R01 DE014827–01 (NIDCR, NIH) 

• 1 R01 AI051954–01 (NIAID, NIH). 

Specifically, ORI made fifteen 

findings of misconduct in science based 

on evidence that Dr. Brodie knowingly 

and intentionally fabricated and 

falsified data reported in nine PHS grant 

applications and progress reports and 

several published papers, manuscripts, 

and PowerPoint presentations. The 

fifteen findings are as follows: 

1. Respondent knowingly and 

intentionally falsified a figure that was 

presented in manuscripts submitted to 

the Journal of Experimental Medicine 

and the Journal of Virology and in 

several PowerPoint presentations that 

purported to represent rectal mucosal 

leukocytes in some instances and lymph 

nodes in other instances. 

2. Respondent knowingly and 

intentionally falsified portions of a 

three-paneled figure included in several 

manuscript submissions, PowerPoint 

presentations, and grant applications. 

3. Respondent knowingly and 

intentionally falsified a figure included 

as Figure 1N in American Journal of 

Pathology 54:1453–1464, 1999, three 

NIH grant applications, and several 

PowerPoint presentations. 

4. Respondent knowingly and 

intentionally falsified a figure that was 

published as an insert within Figure 1K 

in American Journal of Pathology 

54:1453, 1999 and included the figure in 

a number of NIH grant applications. 

5. Respondent knowingly and 

intentionally falsified a figure 

representing a panel of four green 

fluorescent cells and included it as a 

figure in several grant applications 

claiming that each cell had been 

subjected to different treatments when 

three of the cells came from a single 

image. 

6. Respondent knowingly and 

intentionally falsified an image 

included as Figure 5A in a paper 

published in the Journal of Clinical 

Investigations 105:1407, 2000 and 

submitted to various journals and 

included in different grant applications. 

7. Respondent knowingly and 

intentionally falsified a figure appearing 

as Figure 3.III.A, inset, in a manuscript 

submitted to Science entitled ‘‘A 

persistent reservoir of HIV–1 in 

pulmonary macrophages’’ and as figures 

in various grant applications and 

PowerPoint presentations. 

8. Respondent knowingly and 

intentionally falsified multiple versions 

of a figure depicting green and red 

fluorescent cells used as Figures 3.III.H 

and I in a manuscript submitted to 

Science, as Figures 6C and 6D of NIDCR, 

NIH, grant application 1 R01 DE14827– 

01, as Figures C.2.1 1H and C.2.11I of 

NHLBI, NIH, grant application 1 R01 

HL072631–01, and in PowerPoint 

presentations. 

9. Respondent knowingly and 

intentionally falsified a figure, labeled 

as Figure 9E in NIDCR, NIH, grant 

application 1 R01 DE014827–01 and in 

various other grant applications and 

PowerPoint presentations. 

10. Respondent knowingly and 

intentionally falsified the bottom half of 

Figure C.2.5 of NHLBI, NIH, grant 

application 1 R01 HL072631–01 by 

using the same image twice, labeling it 

once as being treated for 2 hours with 

lipopolysaccharide (LPS) and the 

second as being treated for 12 hours 


sroberts on DSKD5P82C1PROD with NOTICES
24704 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 

with LPS. Respondent also used a 

second image twice, labeling it once as 

‘‘no LPS’’ and the second time as ‘‘24 

hours with LPS.’’ 

11. Respondent knowingly and 

intentionally falsified a figure that 

purports to represent viral decay in 

rectal mucosa and included the figure as 

a slide in two PowerPoint presentations 

and three NIH grant applications. 

12. Respondent knowingly and 

intentionally falsified: (a) A 

histopathology figure that was described 

in a paper published in the Journal of 

Infectious Diseases 83:1466, 2001, as 

inguinal lymph nodes from an untreated 

AIDS patient using in situ PCR to show 

the presence of HIV–1 cells when it was 

actually from a tissue expressing the 

neomycin marker; (b) the gel images 

resembling Figures 2A and C, which 

Respondent claimed to be based on 

lymph node cells, although he reported 

the gel images elsewhere to represent 

results from rectal tissue; and (c) various 

versions of these blots that Respondent 

reported elsewhere and labeled 

differently with respect to the copy 

numbers detected and as detecting DNA 

in some instance and RNA in others. 

13. Respondent knowingly and 

intentionally falsified Figures 2DI and 

2DII included in a paper published in 

the Journal of Leukocyte Biology 

68:351–359, 2000. 

14. Respondent knowingly and 

intentionally falsified Figure 4, Panels A 

and B, in NIDCR, NIH, grant application 

1 R01 DE014827–01 by manipulating 

the source images. 

15. Respondent knowingly and 

intentionally falsified a number of 

figures and made false statements in the 

text of NIAID, NIH, grant application 1 

R01 AI051954–01 submitted jointly 

with a colleague by relabeling figures 

based on research carried out with HIV– 

1 or HIV–2 and identifying the figures 

and text as research conducted with 

ovine lentivirus (OvLV). 

ORI issued a charge letter 

enumerating the above findings of 

misconduct in science and proposing 

HHS administrative actions. Dr. Brodie 

subsequently requested a hearing before 

an Administrative Law Judge (ALJ) of 

the Departmental Appeals Board to 

dispute these findings. In January 2009, 

the ALJ issued a ruling holding that 

there were no triable issues challenging 

ORI’s findings that there were materially 

false statements, images, and other data 

in the relevant publications, 

presentations, and grant applications. 

However, the ALJ held that Dr. Brodie 

raised triable issues about his intent to 

commit scientific misconduct and the 

reasonableness of the proposed 

debarment of seven (7) years. 

On January 12, 2010, the ALJ issued 

a recommended decision to the HHS 

Assistant Secretary for Health (ASH) 

granting summary disposition to ORI. 

The ALJ also stated that Dr. Brodie 

committed scientific misconduct on 

multiple occasions and that its extent 

amply justified debarment for a period 

of seven (7) years. Pursuant to 42 CFR 

93.523(c), the ASH forwarded the ALJ’s 

recommended decision to the HHS 

Debarring Official, which constituted 

the findings of fact required under 2 

CFR parts 180 and 376. 

On February 1, 2010, Dr. Brodie 

submitted a letter to the HHS Debarring 

Official with attachments to request that 

the ALJ’s recommended decision be 

rejected as a whole. On February 26, 

2010, Dr. Brodie submitted a letter 

requesting the opportunity to meet with 

the HHS Debarring Official to orally 

present the reasons supporting his 

request that the ALJ’s recommended 

decision be rejected. However, the HHS 

Debarring Official determined that Dr. 

Brodie had been afforded an 

opportunity to contest ORI’s findings of 

scientific misconduct in accordance 

with 42 CFR part 93, subpart E. Given 

the findings of facts in this case, the 

HHS Debarring Official determined that 

the issues in his presentation in 

opposition to the ALJ’s recommended 

decision did not raise a genuine dispute 

over facts material to the recommended 

debarment. Accordingly, the HHS 

Debarring Official also denied Dr. 

Brodie’s request to make an oral 

presentation and issued a notice of 

debarment to begin on March 18, 2010, 

and end on March 17, 2017. 

On March 23, 2010, Dr. Brodie 

submitted a letter requesting a 

postponement of the effective date of 

the debarment. This request was denied 

by the Debarring Official on April 6, 

2010. 

Thus, the misconduct in science 

findings set forth above became 

effective, and the following 

administrative actions have been 

implemented for a period of seven (7) 

years, beginning on March 18, 2010: 

(1) Dr. Brodie has been debarred from 

any contracting or subcontracting with 

any agency of the United States 

Government and from eligibility or 

involvement in nonprocurement 

programs of the United States 

Government referred to as ‘‘covered 

transactions’’ pursuant to the 

Department of Health and Human 

Service’s Implementation (2 CFR part 

376 et seq.) of OMB Guidelines to 

Agencies on Governmentwide 

Debarment and Suspension, 2 CFR part 

180; and 

(2) Dr. Brodie is prohibited from 

serving in any advisory capacity to PHS 

including but not limited to service on 

any PHS advisory committee, board, 

and/or peer review committee, or as 

consultant. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Investigative 

Oversight, Office of Research Integrity, 

1101 Wootton Parkway, Suite 750, 

Rockville, MD 20852, (240) 453–8800. 

John Dahlberg, 

Director, Division of Investigative Oversight, 

Office of Research Integrity. 

[FR Doc. 2010–10605 Filed 5–4–10; 8:45 am] 

BILLING CODE 4160–17–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30Day–10–0733] 

Agency Forms Undergoing Paperwork 

Reduction Act Review 

The Centers for Disease Control and 

Prevention (CDC) publishes a list of 

information collection requests under 

review by the Office of Management and 

Budget (OMB) in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). To request a copy of these 

requests, call Maryam I. Daneshvar, the 

CDC Reports Clearance Officer, at (404) 

639–5960 or send an e-mail to 

omb@cdc.gov. Send written comments 

to CDC Desk Officer, Office of 

Management and Budget, Washington, 

DC or by fax to (202) 395–5806. Written 

comments should be received within 30 

days of this notice. 

Proposed Project 

Early Hearing Detection and 

Intervention Hearing Screening and 

Follow-up Survey (OMB No. 0920–0733 

exp. 10/31/2009)—Reinstatement With 

Change—National Center on Birth 

Defects and Developmental Disabilities 

(NCBDDD), Centers for Disease Control 

and Prevention (CDC). 

Background and Brief Description 

The National Center on Birth Defects 

and Developmental Disabilities at CDC 

promotes the health of babies, children, 

and adults with disabilities. As part of 

these efforts the Center is actively 

involved in addressing hearing loss (HL) 

among newborns and infants. HL is a 

common birth defect that affects 

approximately 12,000 infants each year 

and, when left undetected, can result in 

developmental delays. As awareness 

about infant HL increases, so does the 


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