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in those cases where it is not possible to complete a formal contract with an approved institution prior to the enrollment of eligible veterans for training. § 8-95.202 Marking and release of sup

plies. Supplies will not be marked to indicate ownership by the United States and will be deemed released to the trainee at the time they are furnished. $ 8–95.203 Renewals or supplements to

contracts. Except for contracts for vocational counseling, contracts may be renewed from year to year, providing there is no change in the schedule or provisions as originally consummated by completion of a renewal agreement no later than 30 days prior to the expiration of the contract.

(a) Supplements may be negotiated at any time during the contract period upon the completion of a supplemental agreement.

(b) contracts for vocational counseling may provide for automatic extension from year to year. $ 8–95.204 Guaranteed payment.

No contract or agreement may be entered into with any educational institution or training establishment whereby the Veterans Administration will be required to pay a minimum charge or be required to enroll a minimum number of trainees per quarter, semester, course, or term.

vided there are no facilities feasibly available whereby the necessary training can be accomplished without paying such charges. Payment for such fees will be made in accordance with Subpart 8–3.6. $ 8–95.207 Payment of tuition or fees.

(a) Contracts, agreements, rangements requiring the payment of tuition or fees will provide for the following:

(1) Payment for tuition or fees will be made in arrears and will be prorated in installments over the school year or the length of the course except:

(i) Institutions may be paid in accordance with the provision of subparagraph (2) of this paragraph, provided such institutions operate on a regular term, quarter, or semester basis and normally accept students only at the beginning of the term, quarter, or semester and provided further such institutions are either:

(a) Institutions of higher learning that use a standard unit of credit recognized by accrediting associations (such institutions will include those which are members of recognized national or regional educational accrediting associations, and those which, although not members of such accrediting associations, grant standard units of credit acceptable at full value without examination by collegiate institutions which are members of national or regional accrediting associations).

(6) Public tax supported institutions.

(c) Institutions operated and controlled by State, county, or local boards of education.

(2) Institutions coming within the exceptions of subparagraph (1) of this paragraph which have a refund policy providing for a graduated scale of charges for purposes of determining refunds may be paid part or all such tuitions or fees for a term, quarter, or other period of enrollment immediately following the date on which the refund expires.

(3) Proration of charges will not apply to a fee which is for noncontinuing seryice such as registration fee, etc,

(b) The period for which payment of charges may be made will be the period of actual enrollment and subject to the following:

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8–95.205 Proration of charges.

The contract will include the exact formula agreed upon for the proration of charges in the event that trainees are withdrawn or discontinued prior to the end of the term, semester, course, or quarter, or the course is completed in less time than that stated in the contract. § 8-95.206 Other fees and charges.

Fees and other charges which are not prescribed by law but are by nongovernment organizations such as initiation fees required to become a member of a labor union and the dues necessary to maintain membership incidental to training on-the-job may be paid pro


(1) The effective date will be the date of the trainee's entrance into training status except that payment may be made for an entire semester, quarter, or term in institutions operating on that basis if the trainee enters no later than the final date set by the institution for enrolling for full credit.

(2) In those cases where the institution has not set a final date for enrolling for full credit or will not set a date acceptable to the Veterans Administration, payment may be prorated on the basis of attendance regardless of the refund policy. (3) If

institution customarily charges for the amount of credit or number of hours of attendance for which a trainee enrolls, payment may be on that basis when a trainee enrolls after the final date permitted for carrying full credit for the semester or term.

(c) The terminal date to which payment will be made is the day following:

(1) The end of the semester, term, or quarter during which the training is furnished.

(2) The date of interruption or discontinuance of training.

(3) The date of completion of the course. $ 8–95.209 Records and reports.

Contracts. agreements, or arrangements will provide for the number and frequency of reports, adequate financial records to support payment for each trainee and maintenance of attendance and progress records. Such records will be preserved for a period of 4 years following the date of the last payment or a longer period if requested by a representative of the General Accounting Office or the Veterans' Administration. (36 F.R. 19697, Oct. 9, 1971) 8 8–95.210 Correspondence courses.

Contracts with institutions for correspondence courses will provide that:

(a) Major changes in courses or course material will not be binding on the Veterans Administration until such time as & supplemental agreement is negotiated to the contract.

(b) Minor changes in course or course material not affecting the length of the course or number of lessons and not

lowering the educational value of the course or the quality of the course material such as revision of text, the substitution of a newer lesson for an older one or the substitution of equipment of equal or greater value are permitted without supplemental agreements. Such minor changes and revisions shall be placed on file with the Contracting Offcer at the time of the change or revision.

(c) Trainees be provided with prompt and adequate lesson service and, unless otherwise specified in the contract, be furnished the same texts, lessons service, diplomas, and other services as are normally provided for regularly enrolled nonveteran students.

(d) All lessons be adequately serviced on an individual basis. Grouping of lessons into units or partial servicing does not meet this requirement.

(e) Each lesson must have a separate examination adequate in terms of lesson content.

(f) The training of persons under a Veterans Administration contract or the fact that the United States is utilizing the facilities of the institution for training veterans shall not be used in any way to advertise the institution. References in the advertising media or correspondence of the institution shall be limited to a list of courses under chapter 31, title 38, United States Code, and shall not be directed or pointed specifically to veterans.

(g) The rates, fees, and charges are not in excess of those charged nonveterans.

(h) That payment will be made on a lesson completed basis in areas for assignments sent in by trainees and serviced during a pay period as established by the contract.

(i) Payment will be made only once for each lesson even though it is necessary to service a lesson more than once. § 8-95.211 Information concerning cor

respondence courses. Specific questions on correspondence courses as to the content of courses, academic credit, and entrance requirements for courses included in Veterans Administration contracts may be directed to the institutions offering the courses. (36 F.R. 19697, Oct. 9, 1971)


Part 9-1 General. 9-2 Procurement by formal advertising. 9_3 Procurement by negotiation. 9_4 Special types and methods of procurement. 9_5 Special and directed sources of supply. 946 Foreign purchases. 9_7 Contract clauses. 9-8 Termination of contracts. 9-9 Patents and copyrights. 9-10 Bonds and insurance. 9-11 Federal, State, and local taxes. 9-12 Labor. 9-14 Inspection and acceptance. 9_15 Contract cost principles and procedures. 9–16 Procurement forms. 9_17 Extraordinary contractual actions to facilitate the national defense. 9–18 Procurement of construction and contracting for architect-engineer

services. 9–20 Retention requirements for contractor and subcontractor records. 9-30 Contract financing. 9–51 Review and approval of contract actions. 9–53 Numbering and distribution of contracts and orders. 9–54 Contract reporting. 9–55 Justification and documentation of procurement actions. 9–56 Selection of contractors by Board process. 9–59 Administration of cost-type contractor procurement activities.

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Subpart 9-1.4-Procurement Authority and

Responsibility 9-1.450 General responsibility of con

tracting officers. 9-1.451 Standards of conduct. 9-1.452 Disputes provisions in subcon

tracts under fixed-price prime contracts.

PART 9-1-GENERAL Subpart 9-1.1-Procurement Regulations Sec. 9-1.101 Scope of subpart. 9-1.102 Establishment of AEC Procure

ment Regulations.

Authority. 9-1.104 Applicability. 9-1.105 Issuances. 9-1.105-1 Publication. 9-1.105–2 Copies. 9-1.106 Arrangement. 9-1.106-1 General plan. 9-1.106-2 Numbering. 9-1.106-3 Citation. 9-1.107 Implementation and supplemen

tation of FPR. 9-1.107–1 Description. 9-1.108 Exclusions. 9-1.109 Deviation. 9-1.109-1 Description. 9-1.109-2 Procedure. 9-1.110 Exemptions.

Subpart 9-1.2-Definition of Terms 9-1.201 Definitions. 9-1.250 Commission or AEC. 9-1.251 Division Director. 9-1.252 Subcontract. 9-1.253 Contractor. 9-1.254 Subcontractor. 9-1.255 Cost-type contractor and cost

type subcontractor. 9-1.256 [Reserved] 9-1.257 (Reserved] 9-1.258 Supplier. 9-1.259 Supplies. 9-1.260 Services.

Subpart 9–1.5-Contingent Fees 9-1.500 Scope of subpart. 9-1.501 Applicability. 9-1.507 Use of Standard Form 119. 9-1.507-1 Form prescribed. Subpart 9-1.6-Debarred, Suspended, and

Ineligible Bidders 9-1.600 Scope of subpart. 9-1.602 Establishment and maintenance

of a list of concerns or indi. viduals debarred, suspended,

or declared ineligible. 9-1.602-1 Bases for entry on debarred, sus

pended, or ineligible list. 9-1.603 Treatment to be accorded firms

or individuals in debarred, sus

pended, or ineligible status. 9-1.606 Agency procedure. 9-1.606-1 AEC procedural requirements. 9-1.606–50 Reporting procedures. 9-1.606-51 Collection of information and

Investigation. 9-1.606-52 Initiation of action. 9-1.606–53 Notice of proposed debarment. 9-1.606–54 Hearing. 9-1.606-55 (Reserved] 9-1.606-56 (Reserved] 9-1.606-57 Final debarment determination

after the forfeiture of the right

to be heard. 9-1.606-58 Notice of final debarment deter


Subpart 9-1.3-General Policies 9-1.301 Methods of procurement. 9-1.302 Procurement sources. 9-1.302-1 General. 9-1.305-1 Mandatory use of Federal Speci

fications. 9-1.305-3 Deviations from Federal Specif.

cations. 9-1.305-5 Use of Federal and interim Fed.

eral Specifications in construc

tion contracts. 9-1.306-1 Mandatory use and applications

of Federal Standards. 9-1.307 Purchase descriptions. 9-1.310 [Reserved) 9-1.310-1 Scope. 9-1.310-4 General policy. 9-1.310-5 Standards. 9-1.310–7 Information regarding responsi

bility. 9-1.314 Solicitations for information or

planning purposes. 9-1.318 Disputes clause. 9-1.318-1 Contracting officer's decision un

der a Disputes clause. 9-1.350 AEC Specifications and stand

ards. 9-1.350-1 Special specifications and stand


Subpart 9-1.7 Small Business Concerns 9-1.700 General. 9-1.702 Small business policies. 9-1.703–2 Protest regarding small business

status. 9–1.705-3 Screening of procurements. 9-1.705–7 Performance of contract by SBA. 9-1.706-1 General. 9-1.706–5 Total set-asides. 9-1.708–3 Conclusiveness of certificate of

competency. 9–1.709 Records and reports. 9-1.710-4 Review of subcontracting pro

gram. 9-1.751 AEC-SBA Agreement.

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