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The negotiation for the commercial treaty did not go smoothly, particularly the fixed price clause.
There were no objective selection or award criteria, no appropriate price clauses, and no equality of opportunity for all those interested in the business opportunity.
But the industry has consistently opposed a pricing clause, and its protests were a main reason why the National Institutes of Health abandoned such a provision in 1995.
I believe that the amendments regarding the designation, the taxation of aviation fuel and the pricing clauses are appropriate with regard to the bilateral agreements currently in force.
Dr. Varmus said reviews of the policy indicated that the pricing clause had driven industry away from many collaborations with N.I.H. scientists that could have benefited the public.
The Commission seems ready to abolish both the safety clauses with regard to the total quantities of sugar importable into the Community by each partner country and the minimum price clause for imported sugar.
Dr. Varmus said the pricing clause would be discontinued for Cooperative Research and Development Agreements, as well as Exclusive Licensing Agreements, because it discouraged industry participation in these programs.
The biotechnology and pharmaceutical industries, which campaigned against the pricing clause, praised the decision and said it removed a significant stumbling block for cooperation between industry and the institutes, the main Federal agency conducting and sponsoring biomedical research.
At one point the contract's pricing clause resulted in Gabon, one of the richest black nations in Africa, selling oil to Mr. Rappaport at $12-$14 a barrel less than what the country had paid for the same oil, officials said.