Omission of the Examination of Records Clause From Proposed Basic Agreement Between World Health Organization and Department of Health, Education, and Welfare
Highlights
M.D.: REFERENCE IS MADE TO YOUR LETTER FORWARDING FOR CONCURRENCE YOUR DETERMINATION THAT THE EXAMINATION OF RECORDS CLAUSE BE OMITTED FROM THE PROPOSED BASIC AGREEMENT BETWEEN THE WORLD HEALTH ORGANIZATION (WHO) AND THE DEPARTMENT OF HEALTH. DEMONSTRATE THE NEED FOR THE CONTRACT (STUDY) AND EXPLAIN WHY THE STUDY IS NOT PROPERLY A MATTER WHICH SHOULD BE CONDUCTED BY WHO ON ITS OWN INITIATIVE WITHIN THE CONTEMPLATION OF THE CONGRESSIONAL DECLARATION OF POLICY SET OUT IN 22 U.S.C. 290E.". AS A RESULT OF OUR EFFORTS TO OBTAIN THE NECESSARY INFORMATION WE WERE ADVISED BY YOUR DEPARTMENT THAT IT IS IMPOSSIBLE TO SPECIFY THE COST OR PRECISE NATURE OF THE WORK TO BE PERFORMED UNDER THE ANTICIPATED CONTRACTS.
B-101404, JUN 14, 1976
PRECIS-UNAVAILABLE
TO: THEODORE COOPER, M.D.:
REFERENCE IS MADE TO YOUR LETTER FORWARDING FOR CONCURRENCE YOUR DETERMINATION THAT THE EXAMINATION OF RECORDS CLAUSE BE OMITTED FROM THE PROPOSED BASIC AGREEMENT BETWEEN THE WORLD HEALTH ORGANIZATION (WHO) AND THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE. YOU INDICATE THAT THE PUBLIC HEALTH SERVICE PROPOSES TO ENTER INTO A BASIC AGREEMENT WITH THE WHO FOR AN ESTIMATED FIFTEEN FIXED PRICE AND COST TYPE CONTRACTS TO BE AWARDED DURING THE CALENDAR YEAR AFTER FINALIZATION OF THE BASIC AGREEMENT, RENEWABLE AT THE PARTIES' OPTION.
IN B-101404, SEPTEMBER 1, 1972, IN RESPONSE TO A SIMILAR REQUEST WE STATED:
"IN FUTURE REQUESTS FOR CONCURRENCE BY THE COMPTROLLER GENERAL IN WAIVER OF THE EXAMINATION OF RECORDS CLAUSE IN PROPOSED CONTRACTS WITH WHO, THE ACCOMPANYING INFORMATION SHOULD INDICATE THE SIZE OF THE CONTRACT, DEMONSTRATE THE NEED FOR THE CONTRACT (STUDY) AND EXPLAIN WHY THE STUDY IS NOT PROPERLY A MATTER WHICH SHOULD BE CONDUCTED BY WHO ON ITS OWN INITIATIVE WITHIN THE CONTEMPLATION OF THE CONGRESSIONAL DECLARATION OF POLICY SET OUT IN 22 U.S.C. 290E."
AS A RESULT OF OUR EFFORTS TO OBTAIN THE NECESSARY INFORMATION WE WERE ADVISED BY YOUR DEPARTMENT THAT IT IS IMPOSSIBLE TO SPECIFY THE COST OR PRECISE NATURE OF THE WORK TO BE PERFORMED UNDER THE ANTICIPATED CONTRACTS. UNDER THE CIRCUMSTANCES, YOUR LETTER, IN EFFECT, REQUESTS CONCURRENCE IN A BLANKET WAIVER WHICH OBVIOUSLY IS INCONSISTENT WITH THE OBJECTIVE OF THE LAW REQUIRING THE COMPTROLLER GENERAL'S CONCURRENCE WITH WAIVER OF THE CLAUSE.
ACCORDINGLY, YOUR REQUEST MUST BE DENIED.