« PreviousContinue »
specifically authorized in the request placed hereunder. In addition to the above, the Contractor shall not make any charge under this agreement for any equipment, refundable deposits, or any items or services (such as computer time) related to student research. However, any flat rate charge applicable to all students registered for research and which appears in the contractors publicly announced fee schedule shall be chargeable under this agreement.
(e) Normally the Contractor shall not directly charge individual students for application fees or any other fee properly chargeable to this agreement. However, if the Contractor's standard procedures require payment of any fee before the student is enrolled under this agreement, the Contractor shall reimburse the student in full for any such fee when the Contractor receives payment therefor under this agreement.
(f) for each term in which the Contractor enrolls students under this agreement the Contractor shall submit ...... ......... copies of an invoice listing charges for each student separately. Contractor shall submit invoices within .............. days after the start of the term it covers and shall include:
(i) agreement number and inclusive dates of the term to which the invoice applies;
$......... Tuition: $................ Application Fee: $.............., Lab Fee (Chem 300): $.......... Contractor shall show the total of fees for each student and grand total for
all students listed on the invoice. (g) If unforseen events require additional charges which are otherwise payable in accordance with the Contractor's published tuition and fee schedule, the Contractor may submit a supplemental invoice or make the adjustment on the next regular invoice under this agreement. In either case the Contractor shall clearly identify and explain the supplemental invoice or the adjustment.
(h) The Contractor shall apply to subsequent invoices submitted under this agreement any credits resulting from withdrawal of students, or from any other cause in accordance with its standard procedures. Such credits should appear on the first invoice submitted after the action resulting in such credits. If no subsequent invoice is submitted, the Contractor shall deliver to the Contracting Officer a check drawn to the order of the Treasurer of the United States. Contractor shall identify the reason for the credit and the applicable term dates in all cases. 4. Withdrawal of Students. (1971 APR)
(a) The Government may, at its option and at any time, withdraw financial support for any student by issuing official orders. The Government shall furnish copies of such orders to the Contractor within a reasonable time after publication.
(b) The Contractor may request withdrawal by the Government of any student for academic or disciplinary reasons.
(c) If such withdrawal occurs prior to the end of a term, the Government shall pay any tuition and fees due for the current term in which the student may be enrolled, and the Contractor shall credit the Government with any charges eligible for refund under the Contractor's standard procedures for civilian students in effect on the effective date of such withdrawal.
(d) Withdrawal of students by the Government shall not be the basis for any special charge or claim by the Contractor other than as provided by the Contractor's standard procedures.
5. Transcripts. Within a reasonable period of time after withdrawal of a student for any reason, or after graduation, the Contractor shall send to the Contracting Officer (or to such other address as the Contracting Officer may specify) one copy of an official transcript showing all work by the student at the Contractor's institution until such withdrawal or graduation. (1968 SEP)
6. Student Teaching. (1968 SEP)
Awarding of fellowships and assistantships by the Contractor to students attending school under this agreement is not anticipated. In the case of graduate students, however, should both the student and the Contractor deem it to be in the best interests of the student for him to assist in the teaching program of the institution, the Contractor may provide nominal compensation for such students' part-time service in accordance with the Contractor's established practices and procedures for other students of similar accomplishment in that department or field. Such compensation shall be applied as a credit against any invoices presented for payment for any period in which he performed the part-time teaching service.
7. Termination of Agreement. (1968 SEP)
(a) Either party may terminate this agreement by giving thirty (30) days advance written notice of the effective date of termination. In the event of termination, the Government shall have the right, at its option, to continue to receive educational services for those students already enrolled in the Contractor's institution under this agreement until such time that the students complete their courses or curricula or the Government withdraws them from the Contractor's institution. The terms and conditions of this agreement in effect on the effective date of the termination shall continue to apply to such students remaining in the Contractor's institution.
(b) Withdrawal of students pursuant to Schedule Provision 4 shall not be considered a termination within the meaning of this provision.
(c) Termination by either party shall not be the basis for any special charge or claim by the Contractor other than as provided by the Contractor's standard procedures.
16–501.3 General Provisions.
GENERAL PROVISIONS 1. Definitions. Insert clause from 7-103.1, with the following additional paragraphs.
(d) The word "term" means the period of time into which the Contractor divides the academic year for purposes of instruction; this includes "semester," "trimester," "quarter," or any similar word the Contractor may use. (1968 SEP)
(e) The word "course” means a series of lectures or instructions, and/or laboratory periods, relating to one specific presentation of subject matter, such as Elementary College Algebra, German 401, or Surveying. Normally, student completes a course in one term and receives a certain number of semester hours credit (or equivalent) upon successful completion. (1968 SEP)
(f) The word "curriculum" means a series of courses having a unified purpose and belonging primarily to one major academic field. It will usually include certain required courses and elective courses within established criteria. Examples include Business Administration, Civil Engineering, Fine and Applied Arts, and Physics. A curriculum normally covers more than one term and leads to a degree or diploma upon successful completion. (1968 SEP)
(g) The word "catalog" means any medium by which the Contractor publicly announces terms and conditions for enrollment in the Contractor's institution, including tuition and fees to be charged. This includes “bulletin," "announcement,” or any other similar word the Contractor may use. (1968 SEP)
(h) The word “tuition" means the amount of money charged by an educational institution for instruction, not including fees as defined below. (1968 SEP)
(i) The word "fees" means those applicable charges directly related to enrollment in the Contractor's institution. This shall not include any permit charge (e.g., parking, vehicle registration or charges for services of a personal nature (e.8., food, housing, laundry) unless specifically called for in the request placed hereunder. (1968 SEP)
2. Gratuities. Insert clause from 7-104.16.
procedures when it is desired to cover the subject matter thereof.
CONFLICTS BETWEEN AGREEMENT AND CATALOG (1968 SEP) To the extent of any inconsistency between the provisions of this agreement and any catalog or other document incorporated in this agreement by reference or otherwise or any of the Contractor's rules and regulations, the provisions of this agreement shall govern.
8. Disputes. Insert clause from 7-103.12. 9. Convict Labor. Insert clause from 7-104.17. 10. Equal Opportunity. In accordance with 12-804 and 12-805, insert the appropriate
clause from 7-103.18. 11. Assignment of Claims. Insert the following clause.
ASSIGNMENT OF CLAIMS (1968 SEP)
12. Examination of Records. In accordance with the requirements of 7–104.15, insert the
clause therein. 13. Alterations in Contract. Insert clause from 7-105.1(a) in accordance with Depart
mental procedures when it is desired to cover the subject matter thereof.
16-501.4 Signature Page. The signature page shall be in the following format.
IN WITNESS WHEREOF, the parties hereunto have executed this agreement as of the day and year first above written.
THE UNITED STATES OF AMERICA
(NAME OF CONTRACTOR)
16-503 Master Contract for Repair and Alteration of Vessels (DD-ASPR Form 731 and DD Form 731-1).
16-503.1 General. DD-ASPR Form 731 is prescribed to establish in advance the terms upon which a contractor will effect repairs, alterations and additions to vessels under the provisions of job orders issued by contracting activities from time to time. The Master Contract (DD-ASPR Form 731) shall be entered into with all prospective contractors located within the United States who request ship repair work and who possess the organization and facilities to perform such work satisfactorily. Award of the Master Contract, however, does not constitute approval of the contractor's facilities for any particular job. When using master contracts in work with prospective contractors located outside the United States, DD-ASPR Form 731 shall be used as a guide.
16-503.2 Inviting Bids or Quotations for Job Orders. When a requirement arises for the type of work covered by the master contract within the United States, bids or quotations will be solicited from prospective contractors who have previously executed a master contract, and also from prospective contractors, who possess the necessary qualifications and agree to execute a master contract before issuance of a job order. Whenever a prospective contractor is invited to submit a bid or quotation, the contracting officer shall notify the prospective contractor in reasonable detail of (i) the nature of the work to be performed, (ii) the date the vessel will be available, and (iii) the date the work is to be completed. In the event the prospective contractor is willing and able to perform the work, he shall be afforded an opportunity to inspect the work to be accomplished, and then he shall submit a bid or quotation for the performance of the work in accordance with the invitation for bids or request for quotations. If the contracting officer requests prospective contractors to negotiate, he shall also request a breakdown of the price quoted indicating the estimated cost of (i) direct labor, (ii) material, (iii) overhead, (iv) any amount included for contingencies and profit, and (v) such other information as the contracting officer may consider necessary.
16-503.3 Issuance of Job Order (DD Form 731-1). In addition to the procedures set forth in 1-905 for making the determination called for by 1-904, the contracting officer may make a pre-award survey of the contractor's operations to insure the adequacy and suitability of facilities, including safety standards and devices, adequacy of facilities for the health, comfort and welfare of the crew of the vessel, and adequate plant protection to safeguard the vessel and other Government property. After the receipt and evaluation of bids or quotations and selection of the contractor, the price for the work and other pertinent data shall be set forth in a Job Order (DD Form 731-1). This job order, by its terms, is subject to the provisions of the master contract. When the procurement has been formally advertised, issuance of a job order, signed by the contracting officer only, constitutes an award. When the procurement of the services has been negotiated the job order must also be signed by the contractor, and returned to the contracting officer.
16–503.4 Emergency Work Required Prior to Issuance of a Job Order. In the following circumstances, the contracting officer, without inviting bids or requesting quotations, may issue a written order for work to a contractor who has executed a Master Ship Repair contract; (i) when a vessel, its cargo, or stores would be endangered by delay in the performance of necessary repair work, or (ii) when military necessity requires immediate work on a vessel. Contractors who sign the master contract agree to perform the work required by such written orders within their capabilities. As soon as practicable after the issuance of such written orders, the parties are required by the master contract to negotiate a price for the work. When agreement is reached upon a price, the contracting officer will issue a job order covering the work. The master contract provides for a procedure to resolve disputed questions with respect to price. However, the contractor is required to proceed diligently with the work pending a decision upon such disputes.
16–503.5 Repair Costs Not Readily Ascertainable. If the nature of any repairs is such that their extent and probable cost are not readily ascertainable, the contracting officer may issue a job order, on a negotiated or formally advertised basis, to determine the nature and extent of required repairs. The job order shall also provide that upon such determination, the contractor, if requested by the contracting officer, shall negotiate prices for the performance of such work as the contracting officer may deem necessary to accomplish the repairs. The prices so agreed upon shall be set forth in an amendment to the job order.
16-503.6 Modification of Master Contracts.
(a) Since master contracts prescribe the terms and conditions under which contractors submit bids and competitive quotations for vessel repair work, it is essential that the provisions of all outstanding master contracts be kept uniform. It is also necessary that master contracts be kept up to date and reflect changes in statutes, executive orders, and procurement regulations applicable to vessel repair work. The DD ASPR Form 731 will be revised periodically, not more frequently than annually, to incorporate all changes made necessary by ASPR revisions unless revision is required by statute or Executive Order. All outstanding master contracts shall be replaced using the latest revised form, effective as to all job orders issued on or after 60 days after the promulgation of such revision. Pending revision of DD ASPR Form 731, the clause in 7-602.27 shall be inserted in master contracts in accordance with 11-302(c).
(b) To minimize interim amendments to master contracts, ASPR revisions changing clauses in the master contract form will provide appropriate direction with respect to any required amendments to master contracts. To the extent possible, amendments will be required only in matters resulting from changes in statutes or Executive Orders.
16-504 Forms for Paid Advertisements (DD Forms 1155, 1155r and 1535 and Standard Form 26).
(a) DD Form 1535 (Request/Approval for Authority to Advertise) shall be used in requesting authority to place paid advertisements in newspapers, and may be used in requesting authority to place advertisements in magazines, trade journals, and any other media, including radio and television (see 4–802).
(b) The following forms shall be used to order and effect payment for advertisements in newspapers and other media (see 4-803):
(i) DD Forms 1155 and 1155r (Order for Supplies or Services/Request
for Quotations); and
(a) In accordance with 22-1007, DD Form 428 shall be used as an order for communication services, including associated equipment and facilities. It may be used also as a delivery order under GSA Federal Supply Schedule contracts.
(b) When the volume of transactions necessitates preparation of orders by other than manual processes, a format suitable for an electronic data processing system may be used in lieu of DD Form 428, provided, that all essential elements of DD Form 428 are incorporated in the electronic data processed CSA.