Nielk
Senior Member
- Messages
- 6,970
http://www.name-us.org/AdvocacyPages/OtherActions.htm
We were advised by a member of the ME/CFS research community to expedite this info to a number of ME/CFS advocacy organizations, advocates, and the ME/cfs community in general.
Government Contracts Contain a Clause Commonly Known as “Government Termination for Convenience”:
Federal Acquisition Regulation (FAR) - PART 49 “TERMINATION OF CONTRACTS”, SUBCHAPTER g, SUBPART 49.1, Subsection 49.101 Authorities and Responsibilities (a) and (b) explicitly states:
(a) The termination clauses or other contract clauses authorize contracting officers to terminate contracts for convenience, or for default, and to enter into settlement agreements under this regulation.
(b) The contracting officer shall terminate contracts, whether for default or convenience, only when it is in the Government's interest.
Contents:
Brief Background
Call to Action and Pertinent Legal Info (with reference links)
Justification for Termination - Top 10 “in the Government’s interest”
Brief Background
On September 23, 2013, in an Open Letter to US Secretary of Health Kathleen Sebelius, and the Directors of all the relevant US Government health agencies, 35 of our most respected ME & CFS researchers CLEARLY stated:
“AS LEADING RESEARCHERS AND CLINICIANS IN THE FIELD… WE ARE IN AGREEMENT THAT THERE IS SUFFICIENT EVIDENCE AND EXPERIENCE TO ADOPT THE CCC NOW FOR RESEARCH AND CLINICAL PURPOSES, AND THAT FAILURE TO DO SO WILL SIGNIFICANTLY IMPEDE RESEARCH AND HARM PATIENT CARE.”
“WE STRONGLY URGE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) TO FOLLOW OUR LEAD BY USING THE CCC AS THE SOLE CASE DEFINITION FOR ME/CFS IN ALL OF THE DEPARTMENT’S ACTIVITIES RELATED TO THIS DISEASE.
“IN ADDITION, WE STRONGLY URGE YOU TO ABANDON EFFORTS TO REACH OUT TO GROUPS SUCH AS THE INSTITUTE OF MEDICINE (IOM) THAT LACK THE NEEDED EXPERTISE TO DEVELOP ‘CLINICAL DIAGNOSTIC CRITERIA’ FOR ME/CFS. SINCE THE EXPERT ME/CFS SCIENTIFIC AND MEDICAL COMMUNITY HAS DEVELOPED AND ADOPTED A CASE DEFINITION FOR RESEARCH AND CLINICAL PURPOSES, THIS EFFORT IS UNNECESSARY AND WOULD WASTE SCARCE TAXPAYER FUNDS THAT WOULD BE MUCH BETTER DIRECTED TOWARD FUNDING RESEARCH ON THIS DISEASE.”
“THIS EFFORT THREATENS TO MOVE ME/CFS SCIENCE BACKWARD BY ENGAGING NON-EXPERTS IN THE DEVELOPMENT OF A CASE DEFINITION FOR A COMPLEX DISEASE ABOUT WHICH THEY ARE NOT KNOWLEDGEABLE.”
[Full text and signatories of the Open Letter to the US Secretary of Health, Kathleen Sebelius]:
https://dl.dropboxusercontent.com/u/89158245/Case Definition Letter Sept 23 2013.pdf
[Update: October 25, 2013 – As per Help ME Circle, 15 additional signatories from US & Internationally have been added to the Open Letter, totaling 50, and counting....]
********
To say that the US & international ME & cfs patient community en masse cheer and support this letter as a turning point in this disease’s history is an understatement. It is extraordinary for a long list of our worldwide researchers to make such an unequivocal, unified public commitment. And their message stands firm.
Yet the Dept. of Health & Human Services (HHS) & its hired contractor, the Institute of Medicine (IOM) – despite strong protests from a distinguished list of ME/cfs experts and outrage from the majority of the worldwide patient community – have begun the 18 month plan to redefine M.E. It is UNACCEPTABLE for these two large entities to bully their way through such a large group of veteran researchers and their large group of disabled patients.
This Open Letter and the community’s response to it alone is justification to TERMINTATE this contract.
http://www.acquisition.gov/far/90-37/html/toc.html
or
http://www.acquisition.gov/far/current/pdf/FAR.pdf
PART 49
TERMINATION OF CONTRACTShttp://www.acquisition.gov/far/90-37/html/49.html
49.101 Authorities and responsibilities.
(a) The termination clauses or other contract clauses authorize contracting officers to terminate contracts for convenience, or for default, and to enter into settlement agreements under this regulation.
(b) The contracting officer shall terminate contracts, whether for default or convenience, only when it is in the Government's interest. …
(Research FAR for complete context. It’s pretty clear, folks!)
********
www.name-us.org
Other helpful info, links:
Small Business Administration
[From http://www.sba.gov/content/contract-responsibilities This is directed to the contractor. Emphasis added.]:
“The government may unilaterally terminate all or part of a contract for its convenience. Termination for convenience does not arise from any fault on the part of the contractor, butprotects the government's interests by allowing it to cancel contracts for products that become obsolete or unnecessary.
“The government must give you written notice of termination for convenience, but is not required to give advance notice. The notice of termination will usually direct you to stop work, terminate subcontracts, place no further orders, communicate similar instructions to subcontractors and suppliers, and prepare a termination settlement claim. If you fail to follow these directions, you do so at your own risk and expense. You should also receive detailed instructions as to the protection and preservation of all property that is or may become government-owned.”
---------
Federal Acquisition Regulation (FAR)
http://www.acquisition.gov/far/
IOM Activity Re ME/CFS
We were advised by a member of the ME/CFS research community to expedite this info to a number of ME/CFS advocacy organizations, advocates, and the ME/cfs community in general.
Government Contracts Contain a Clause Commonly Known as “Government Termination for Convenience”:
Federal Acquisition Regulation (FAR) - PART 49 “TERMINATION OF CONTRACTS”, SUBCHAPTER g, SUBPART 49.1, Subsection 49.101 Authorities and Responsibilities (a) and (b) explicitly states:
(a) The termination clauses or other contract clauses authorize contracting officers to terminate contracts for convenience, or for default, and to enter into settlement agreements under this regulation.
(b) The contracting officer shall terminate contracts, whether for default or convenience, only when it is in the Government's interest.
Contents:
Brief Background
Call to Action and Pertinent Legal Info (with reference links)
Justification for Termination - Top 10 “in the Government’s interest”
Brief Background
On September 23, 2013, in an Open Letter to US Secretary of Health Kathleen Sebelius, and the Directors of all the relevant US Government health agencies, 35 of our most respected ME & CFS researchers CLEARLY stated:
“AS LEADING RESEARCHERS AND CLINICIANS IN THE FIELD… WE ARE IN AGREEMENT THAT THERE IS SUFFICIENT EVIDENCE AND EXPERIENCE TO ADOPT THE CCC NOW FOR RESEARCH AND CLINICAL PURPOSES, AND THAT FAILURE TO DO SO WILL SIGNIFICANTLY IMPEDE RESEARCH AND HARM PATIENT CARE.”
“WE STRONGLY URGE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) TO FOLLOW OUR LEAD BY USING THE CCC AS THE SOLE CASE DEFINITION FOR ME/CFS IN ALL OF THE DEPARTMENT’S ACTIVITIES RELATED TO THIS DISEASE.
“IN ADDITION, WE STRONGLY URGE YOU TO ABANDON EFFORTS TO REACH OUT TO GROUPS SUCH AS THE INSTITUTE OF MEDICINE (IOM) THAT LACK THE NEEDED EXPERTISE TO DEVELOP ‘CLINICAL DIAGNOSTIC CRITERIA’ FOR ME/CFS. SINCE THE EXPERT ME/CFS SCIENTIFIC AND MEDICAL COMMUNITY HAS DEVELOPED AND ADOPTED A CASE DEFINITION FOR RESEARCH AND CLINICAL PURPOSES, THIS EFFORT IS UNNECESSARY AND WOULD WASTE SCARCE TAXPAYER FUNDS THAT WOULD BE MUCH BETTER DIRECTED TOWARD FUNDING RESEARCH ON THIS DISEASE.”
“THIS EFFORT THREATENS TO MOVE ME/CFS SCIENCE BACKWARD BY ENGAGING NON-EXPERTS IN THE DEVELOPMENT OF A CASE DEFINITION FOR A COMPLEX DISEASE ABOUT WHICH THEY ARE NOT KNOWLEDGEABLE.”
[Full text and signatories of the Open Letter to the US Secretary of Health, Kathleen Sebelius]:
https://dl.dropboxusercontent.com/u/89158245/Case Definition Letter Sept 23 2013.pdf
[Update: October 25, 2013 – As per Help ME Circle, 15 additional signatories from US & Internationally have been added to the Open Letter, totaling 50, and counting....]
********
To say that the US & international ME & cfs patient community en masse cheer and support this letter as a turning point in this disease’s history is an understatement. It is extraordinary for a long list of our worldwide researchers to make such an unequivocal, unified public commitment. And their message stands firm.
Yet the Dept. of Health & Human Services (HHS) & its hired contractor, the Institute of Medicine (IOM) – despite strong protests from a distinguished list of ME/cfs experts and outrage from the majority of the worldwide patient community – have begun the 18 month plan to redefine M.E. It is UNACCEPTABLE for these two large entities to bully their way through such a large group of veteran researchers and their large group of disabled patients.
This Open Letter and the community’s response to it alone is justification to TERMINTATE this contract.
http://www.acquisition.gov/far/90-37/html/toc.html
or
http://www.acquisition.gov/far/current/pdf/FAR.pdf
PART 49
TERMINATION OF CONTRACTShttp://www.acquisition.gov/far/90-37/html/49.html
49.101 Authorities and responsibilities.
(a) The termination clauses or other contract clauses authorize contracting officers to terminate contracts for convenience, or for default, and to enter into settlement agreements under this regulation.
(b) The contracting officer shall terminate contracts, whether for default or convenience, only when it is in the Government's interest. …
(Research FAR for complete context. It’s pretty clear, folks!)
********
www.name-us.org
Other helpful info, links:
Small Business Administration
[From http://www.sba.gov/content/contract-responsibilities This is directed to the contractor. Emphasis added.]:
“The government may unilaterally terminate all or part of a contract for its convenience. Termination for convenience does not arise from any fault on the part of the contractor, butprotects the government's interests by allowing it to cancel contracts for products that become obsolete or unnecessary.
“The government must give you written notice of termination for convenience, but is not required to give advance notice. The notice of termination will usually direct you to stop work, terminate subcontracts, place no further orders, communicate similar instructions to subcontractors and suppliers, and prepare a termination settlement claim. If you fail to follow these directions, you do so at your own risk and expense. You should also receive detailed instructions as to the protection and preservation of all property that is or may become government-owned.”
---------
Federal Acquisition Regulation (FAR)
http://www.acquisition.gov/far/
IOM Activity Re ME/CFS