TERMS AND CONDITIONS
(a) The Contractor shall enroll and provide instruction during the period
specified for student(s), who shall be officers or employees of the Public Health
Service who are acceptable to and approved by Contractor, in the courses and for
the respective periods of time determined as hereinafter provided.
(b) Requests by the Government for instruction shall be made by delivery to the
Contractor of an Order to this contract.
(c) Such Order shall cover one (1) student each, shall be presented in
quintuplicate to the Contractor by such student at the time of matriculation, shall be
completed by the Contractor to show the curriculum of the student and the cost
thereof and shall be forwarded in quadruplicate to the Office whose name appears
on the Order.
(d) All students accepted by the Contractor shall be registered in the same
manner as other students and shall be subject to the same academic regulations,
and shall have the same privileges, including use of all facilities and equipment
normally furnished by the Contractor to all students.
(e) In the event it is desired to amend an Order issued hereunder for any
reason, an amended Order will be initiated by the Government and forwarded to the
Contractor for completion and signature, who shall then process the same in the
same manner as an original. Such amended Order shall bear the same number as
the original Order in addition to the appropriate amendment number.
(f) Necessary textbooks required for use by individual students will be procured
by said students at their own expense.
I. SERVICES TO BE FURNISHED.
(a) The Government will pay to the Contractor as compensation, the cost of the
course of instruction of each student as set forth in the Order covering his/her
enrollment, which cost will in no event be a greater amount than charged for other
students pursuing the same or similar curriculum; provided that, if the Contractor
regularly charges higher rates of tuition for students who are not residents of the
State in which the Contractor is located, the Contractor may charge the Government
not in excess of the lowest rates applicable to such nonresident students.
(1) For the first semester in which the student is enrolled, upon the
receipt of the approved copy of the Order as provided in paragraph (c) of
Article I hereof, the Contractor will submit to the authorizing official whose
name appears on the Order a bill covering each Order separately, in
duplicate. All bills shall have the following certificates placed thereon and
shall be signed by such representative or representatives of the Contractor
as shall be authorized by the Government:
"I certify that the above bill is correct and just; that payment therefor has
not been received."
(2) As to subsequent semesters, the Contractor will submit bills as
provided in (1) above after the student has been enrolled for the semester.
(3) Advance payments to be made under the terms hereof are
authorized by the following:
Public Health Service Act, approved July 1, 1944, 58 Stat. 682, (42 U.S.
C. 201 et seq.), as amended.
(4) Payment on any such voucher will be deemed to be in complete
discharge of the Government’s obligation under this contract relative to the
student(s) named thereon, to the extent of the tuition or other related fees
and charges as the case may be, for the semester or period of instruction
covered by such voucher.
(b) The Government will pay the compensation, stated in paragraph (a) above in
advance, as follows:
(c) It is understood and agreed that Bureau, Division, and Institute Chiefs of the
Public Health Service may sign individual Orders to this General Training Contract.
II. CONSIDERATION, PAYMENT AND INVOICES.
(b) In the event of termination in whole or in part, the Contractor shall be paid (i)
all fees then due and owing and theretofore unpaid, and (ii) all accrued fees, in
accordance with the established policies of the Contractor if termination is effected
during any period of instruction.
(c) In event of discontinuance or interruption of a student’s matriculation for any
cause whatsoever the Contractor agrees to make proper refund of any unearned
tuition and related fees for services contemplated but not rendered.
(a) The performance of work under this contract may be terminated by the
Government in accordance with this paragraph in whole, or from time to time in part,
whenever, (i) the Contracting Officer shall determine that any such termination is for
the best interests of the Government, or (ii) the student voluntarily, or at the request
of the Contractor, withdraws from any course or courses. Whenever termination is
effected pursuant to (i) above, the Contracting Officer shall deliver to the Contractor
a notice of termination specifying the extent to which performance of work under this
contract shall be terminated and the effective date of such termination. Whenever
termination is effected under (ii) above, the student, after receiving approval of the
Officer whose name appears on the original Order, shall notify the Contractor of the
effective date of his/her withdrawal and upon receipt by the Contractor of any such
notice, it shall discontinue all the work and activity specified by such notice at the
time set forth therein.
III. TERMINATION.
IV. TERMINATION IN THE EVENT OF REVISED PRICES. The consideration as
set forth in each Order issued hereunder is based on the Contractor’s standard fees
on the date of such Order. The contractor shall have the right to change any or all
fees for any succeeding semester after the first semester or period of instruction
upon written notices to the Government thirty (30) days prior to the commencement
of such semester, but in no event to a greater amount than that charged for other
students pursuing the same or similar course of instruction. In the event of such
notice, the Government shall have the option to accept or refuse the revised fee
basis. If the Government elects to refuse the revised fee basis, it may proceed to
terminate the contract under the terms of Article III hereof.
V. STUDENT SUPERVISION. The Contracting Officer may vary the curriculum as
selected by the student but shall not require nor make any change in any course as
offered by the Contractor without the Contractor’s consent.
(a) The contractor shall submit to the sponsoring program within the Public
Health Service, at the end of each term or semester and at such other times as may
be directed a written report containing the progress and grades of each student and
such other information as may be required: Provided that, any report required by the
Government not regularly furnished other students pursuing the same or similar
curriculum will be paid for by the Government at a rate agreed upon in advance
either in an original Order or an amended Order.
(b) Any student who, in the opinion of the Government, fails to maintain a
satisfactory standing in the course in which he/she has enrolled or whom the
Contracting Officer, for any reason whatsoever, desires to remove from such course
may, at the option of the Contracting Officer be withdrawn at any time. In such event
or in the event that the Contractor ejects any student for breach of its regulation, the
matter shall be treated as a partial termination and the tuition for such student shall
be computed in accordance with Article III hereof.
VI. REPORTS.
VII. DISPUTES. Except as otherwise provided in this contract, any disputes
concerning a question of fact arising under this contract which is not disposed of by
agreement shall be decided by the Contracting Officer, who shall reduce his/her
decision to writing and mail or otherwise furnish a copy thereof to the Contractor.
Within 30 days from the date of receipt of such copy, the Contractor may appeal by
mailing or otherwise furnishing to the Contracting Officer a written appeal addressed
to the Secretary of Health and Human Services and the decision of the Secretary of
Health and Human Services or his/her duly authorized representative for the hearing
of such appeals shall be final and conclusive; provided, that if no such appeal is
taken, the decision of the Contracting Officer shall be final and conclusive. In
connection with any appeal proceeding under this clause, the Contractor shall be
afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Contractor shall proceed diligently
with the performance of the contract and in accordance with the Contracting Officer’s
decision.
VIII. COVENANT AGAINST CONTINGENT FEES. The contractor warrants that no
person or selling agency has been employed or retained to solicit or secure this
contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fees, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the
Government shall have the right to annul this contract without liability or at its
discretion to deduct from the contract price or consideration the full amount of such
commission, percentage, brokerage, or contingent fee.
IX. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or
resident commissioner, shall be admitted to any share or part of this contract, or to
any benefit that may arise therefrom; but this provision shall not be construed to
extend to this contract if made with a corporation for its general benefit.
X. NONDISCRIMINATION IN EMPLOYMENT. In connection with the performance
of this contract, the Contractor agrees not to discriminate against any employee or
applicant for employment because of race, creed, color, or national origin; and
further agrees to insert the foregoing provision in all subcontracts hereunder except
subcontracts for standard commercial supplies or for raw material. The Contractor
also agrees not to discriminate because of race, creed, color, or national origin in the
admission or in the subsequent treatment of students.
XI. CONVICT LABOR. In connection with the performance of this contract, the
Contractor agrees not to employ any person undergoing sentence or imprisonment
at hard labor.
(a) The term "Contracting Officer" means the person executing this contract on
behalf of the Government, and any other officer or civilian employee who is a
properly designated Contracting Officer; and the term includes, except as otherwise
provided in this contract, the authorized representative of a Contracting Officer acting
within the limits of his/her authority.
(b) In addition, the following terms and definitions shall govern for the purpose
of this contract:
"Course" - A series of lectures and/or instructions and/or laboratory
periods relating to one particular field of science or learning.
"Curriculum"
- The courses are selected by one student for his/her
course of instruction.
XII. DEFINITIONS.
PHS-1881-1 (Rev. 8/16) (BACK)
