Waiver of the Examination of Records Clause

The Environmental Protection Agency requested concurrence in its determination that the government's best interest would be served were the U.S. company concerned allowed to omit the Examination of Records clause from a proposed subcontract with a company located in the Federal Republic of Germany. The law provided for waiver of this clause when circumstances were such that waiver would be in the best interest of the government. The contract in question involved a subcontract with a German company to develop a test plan and sample and analyze data from effluent streams at a coal gassification plant in South Africa. This was the only known coal gassification plant of its type and the German company held the proprietary rights to the process which would be studied. Similar cases involving the inclusion or omission of the Examination Records clause would be considered only on a case-by-case basis.