[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR67.103]



[Page 408-409]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 67_AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND CONTRACTS--Table of Contents

 

    Subpart B_Peer Review of Contracts for Health Services Research, 

          Evaluation, Demonstration, and Dissemination Projects

 

Sec.  67.103  Peer review of contract proposals.



    (a) All contract proposals for AHCPR support will be submitted by 

the Administrator for review to a peer review group, as required in 

section 922(a) of the PHS Act. Proposals will be reviewed in accordance 

with the Federal Acquisition Regulations and the Health and Human 

Services Acquisition Regulations (48 CFR Ch. I and III) and the 

requirements of the pertinent Request for Proposal.

    (b) Establishment of peer review groups. In accordance with section 

922(c) of the PHS Act, the Administrator shall establish such peer 

review groups as may be necessary to review all contract proposals 

submitted to AHCPR.

    (c) Composition of peer review groups. The peer review groups shall 

be composed of individuals, in accordance with section 922(c) of the PHS 

Act, as amended, who by virtue of their training or experience are 

eminently qualified to carry out the duties of such a peer review group. 

Officers and employees of the United States may not constitute more than 

25 percent of the membership of any such group. Members of the peer 

review group will be selected based upon their training or experience in 

relevant scientific and technical fields, taking into account, among 

other factors:

    (1) The level of formal education (e.g., M.A., Ph.D., M.D., D.N.Sc.) 

completed by the individual and/or, as appropriate, the individual's 

pertinent experience and expertise;

    (2) The extent to which the individual has engaged in relevant 

research, the capacities (e.g., principal investigator, assistant) in 

which the individual has done so, and the quality of such research;

    (3) The extent of the professional recognition received by the 

individual as reflected by awards and other honors received from 

scientific and professional organizations outside the Department of 

Health and Human Services;

    (4) The need of the peer review group to include in its membership 

experts representing various areas of specialization in relevant 

scientific and technical fields, or specific health care issues; and



[[Page 409]]



    (5) Appropriate representation based on gender, racial/ethnic 

origin, and geography, to the extent practicable.

    (d) Term of peer review group members. Notwithstanding section 

922(c)(3) of the PHS Act, members of peer review groups appointed to 

review contract proposals will be appointed to such groups for a limited 

period of time, as determined by the Administrator; such as on an annual 

basis, or until the peer review of the contract proposals is completed, 

or until the expiration of the contract(s) awarded as a result of the 

peer review.

    (e) Conflict of interest. (1) Members of peer review groups will be 

screened for potential conflicts of interest prior to appointment and 

will be required to follow Department policies and procedures consistent 

with the Standards of Ethical Conduct for Employees of the Executive 

Branch (5 CFR part 2635) and Executive Order 12674 (as modified by 

Executive Order 12731).

    (2) In addition to any restrictions referenced under paragraph 

(e)(1) of this section:

    (i) No member of a peer review group may participate in or be 

present during any review by such group of a contract proposal in which, 

to the member's knowledge, any of the following has a financial 

interest:

    (A) The member or his or her spouse, minor child, or partner;

    (B) Any organization in which the member is serving as an officer, 

director, trustee, general partner, or employee; or

    (C) Any organization with which the member is negotiating or has any 

arrangement concerning prospective employment or other similar 

association, and further;

    (ii) In the event any member of a peer review group or his or her 

spouse, parent, child, or partner is currently or expected to be the 

project director or member of the staff responsible for carrying out any 

contract requirements as specified in the contract proposal, that member 

is disqualified and will be replaced as appropriate.