(a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever, (1) the Contracting Officer shall determine that any such termination is for the best interest 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 (1) above, Contracting Officer shall deliver to the Contractor a written 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 Commandant, USAF Institute of Technology, shall notify the Contractor and the Contracting Officer of the effective date of his withdrawal and upon receipt by the Contractor of any such notice, it shall, unless the Contracting Officer directs otherwise, discontinue all the work and activity specified by such notice at the time set forth therein.

(b) In the event of termination in whole or in part, the Contractor shall be paid (1) 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.

§ 1007.2403-10 Revised fees.

REVISED FEES

The consideration, as set forth in each exhibit issued hereunder, is based on the Contractor's standard fees on the date of such exhibit. 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 notice

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 the clause hereof entitled "Termination."

§ 1007.2403-11 Change in curriculum. CHANGE IN CURRICULUM

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.

§ 1007.2403-12 Reports

drawal of students.

and

with

REPORTS AND WITHDRAWAL OF STUDENTS (a) The Contractor shall submit to the Contracting Officer at the end of each term or semester, and at such other times as the Contracting Officer may direct, a written report containing the progress and grades of each student and such other information as the Contracting Officer may require: Pro vided, That any report required by the Contracting Officer 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 exhibit or an amended exhibit.

(b) Any student who, in the opinion of the Contracting Officer, fails to maintain a satisfactory standing in the course in which he has been 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 dismisses any student for breach of its regulations, the matter shall be treated as a partial termination and the tuition for such student shall be computed in accordance with the clause hereof entitled "Termination."

(a) The Contractor shall enroll and provide instruction during the period to

for not more than

students, who shall be military personnel of the United States Air Force selected by the Government and acceptable to and approved by the Contractor, in the course and for the respective periods of time determined as hereinafter provided.

(b) Requests by the Government for instruction shall be by delivery to the Contractor of an exhibit to this contract as hereinafter provided.

(c) The total number of students specified in paragraph (a) above will be divided into groups or classes. Classes will be consecutive unless otherwise mutually agreed upon. Each exhibit will be numbered and presented in quintuplicate by the Government to the Contractor to show the approved curriculum to be pursued by each student, the cost thereof and the total cost of all students in the particular class involved. The exhibit shall be then forwarded in quadruplicate to the Contracting Officer for approval. Upon approval by the Contracting Officer, a copy thereof, executed by the Contracting Officer, shall be returned to the Contractor.

(d) All students accepted by the Contractor shall be registered in the same manner as civilian 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 exhibit issued hereunder for any reason, an amended exhibit 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 exhibit shall bear the same number as the original exhibit in addition to the appropriate amendment number.

(f) Unless otherwise provided herein, all necessary textbooks, laboratory manuals, and other equipment required for use by individual students will be procured by said students at their own expense.

§ 1007.2406-2 Part II-Consideration, payment and voucher.

PART II-CONSIDERATION, PAYMENT AND

VOUCHER

(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 exhibit covering his 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.

(b) The Government will pay the compensation stated in paragraph (a) above in advance as follows:

(1) For each class in which the students are enrolled, upon the receipt from the Contracting Officer of an approved copy of the exhibit as provided in paragraph (c) of Part I hereof, the Contractor will submit to the Contracting Officer a voucher in quintuplicate, covering each exhibit separately, for preaudit and forwarding through channels to the Disbursing Officer, USAF, indicated on the cover page of this contract. Said voucher shall include:

a. Contract number and period of instruction to which voucher pertains.

b. Names of all students covered by voucher.

c. Itemized statement of charge for each student.

d. Designation of voucher as "Final Billing for this semester (term)' or "Partial billing for this semester (term)" as appropriate. (c) Final settlement of said exhibit will be made by presentation and payment of a voucher designated by the Contractor as "Final Voucher." Upon payment of such final voucher, the obligations of the parties with respect to said exhibit shall automatically cease and terminate, and final settlement shall be deemed accomplished.

(d) Advance payments to be made under the terms hereof are authorized by 31 U. S. C. 5291.

(e) Checks for refunds to the Government arising out of termination, or for other causes, shall be drawn in favor of Treasurer of the United States, and shall be sent by the Contractor to the Administrative Contracting Officer who will record the same and forward such checks to the proper Disbursing Officer, USAF.

[26 F.R. 12403, Dec. 27, 1961, as amended at 28 F.R. 3764, Apr. 18, 1963]

§ 1007.2407 Exhibits.

§ 1007.2407-1 Exhibit for enrollment or continuation.

The following exhibit will be used for the enrollment or continuation of personnel:

Air Force Institute of Technology Wright-Patterson Air Force Base, Ohio 1. The referenced group of Air Force students is to be or has been enrolled or continued in this institution to pursue the curriculum at the cost and for the time period as detailed.

2. It is certified that these charges are not greater than that charged for other students pursuing the same or similar curriculum.

3. The names of the students and the itemized charges due or to become due on account of such enrollment or continuation are as follows:

Purchase Request No. Price

-----

Accounting and Appropriation Data

§ 1007.2408 Changes to be made for contracts issued under Air Force Manual 213–1.

The following changes will be made in clauses set forth in §§ 1007.2403 through 1007.2407-2 in contracts which are issued pursuant to AFM 213-1.

(a) All references to USAF Institute of Technology will be deleted and the title and address, where applicable, of the installation issuing the contract will be substituted therefor.

(b) In § 1007.2403-9, Termination, delete the words "after receiving approval of the Commandant, USAF Institute of Technology," paragraph (a). Insert the words "by the Government its proportionate share of" between the words "shall be paid” and “(i) all fees" in paragraph (b).

(c) In § 1007.2406-2, Part II-Consideration, Payment and Voucher, delete the first five lines of paragraph (a) and substitute therefor:

(a) The Government will pay to the Contractor, as compensation, percent of the tuition cost of the course of instruction of each student as set forth in the exhibit covering his enrollment, the balance of all other costs being collected by the contractor from each student, which costs will in no event be great-----

(d) In §1007.2407-1, Exhibit for Enrollment or Continuation, Part II of Exhibit, delete paragraph 3 of the exhibit addressed to the contracting officer and to be signed by the contractor and substitute:

3. The tuition charges due or to become due on account of such enrollment for each class or other period of instruction, of which the Government is to pay.. --percent, are as follows:

[26 F.R. 12403, Dec. 27, 1961, as amended at 28 F.R. 3764, Apr. 18, 1963; 30 F.R. 16004, Dec. 23, 1965]

Subparts Y Through BB-[Reserved] Subpart CC-Leases of Machine Tools and Other Production Equipment

§ 1007.2903 Form of lease.

All leases of machine tools and other production equipment will be in the following form. Deviations from this form are not authorized unless approved by the Assistant Secretary of the Air Force (Materiel).

[26 F.R. 12420, Dec. 27, 1961]

§ 1007.2904 Cover page, introductory recitals, and signature page.

[26 F.R. 12420, Dec. 27, 1961]

§ 1007.2904-1 Cover page.

The following will be the arrangement and provisions of the cover page for leases of machine tools and other production equipment.

Contract No.

Contract for: Lease of Machinery and Equipment.

Administrative data: Office of USAF Administration: The

will have overall administrative responsibility for this lease.

This lease has been authorized under Section 2667, of Title 10, United States Code. [26 F.R. 12420, Dec. 27, 1961]

§ 1007.2904-2 Introductory recitals.

The following will be the introductory recitals for leases of machine tools and other production equipment.

GOVERNMENT-OWNED EQUIPMENT RENTAL AGREEMENT (AUG. 1958)

This Agreement, entered into this day of 19--, by the United States of America, hereinafter called the Government represented by the Contracting Officer executing this lease, and poration organized and existing under the laws of the state of and having its principal office at hereinafter

a cor

called the lessee, WITNESSETH THAT: Whereas the Government is the owner of certain machine tools and other items of production equipment under the control of the Department of the Air Force which are

listed on Appendix “A” annexed hereto, herein sometimes designated as the "leased property";

Whereas it has been determined that such machine tools and other items of production equipment are not excess property, as defined by Section 472 of Title 40, United States Code, but are not for the time being needed for public use;

Whereas in the judgment of the Secretary of the Air Force the execution of this lease will promote the national defense and will be advantageous to the Government;

Whereas this lease is made under the authority of Section 2667 of Title 10, United States Code;

Now, therefore, the parties do mutually agree as follows:

[26 F.R. 12420, Dec. 27, 1961, as amended at 27 F.R. 3383, Apr. 10, 1962]

§ 1007.2904-3 Signature page.

The following will be the arrangement and provisions of the signature page for leases of machine tools and other production equipment.

In witness whereof, the parties hereto have executed this lease as of the day and year first above written.

NOTE. Type or print names under all signatures.

[26 F.R. 12420, Dec. 27, 1961]

§ 1007.2905 Required clauses.

The following clauses, consecutively numbered with Roman numerals preceded by the word "Clause", will be inserted in all leases of machine tools and other production equipment.

[26 F.R. 12420, Dec. 27, 1961]

§ 1007.2905-1

Leased property.

LEASED PROPERTY (AUG. 1958)

The Government hereby leases and agrees to deliver to the lessee, and the lessee agrees to accept upon all the terms and conditions and for the purpose hereinafter set forth, the machine tools and other items of production equipment listed in Appendix "A", attached hereto and made a part hereof. The parties may, from time to time, by mutual agreement, include under this lease additional items of machine tools and other production equipment by amendment of Appendix “A”. [26 F.R. 12420, Dec. 27, 1961, as amended at 27 F.R. 3383, Apr. 10, 1962]

As soon as practicable after the date of this lease, the leased property, to the extent not heretofore delivered to, or placed in custody of the lessee, shall, at the option of the Government, be delivered to the lessee FOB cars, lessee's plant at

or on cars at a railroad siding nearest said plant, or FOB truck at lessee's plant.

[26 F.R. 12421, Dec. 27, 1961, as amended at 27 F.R. 3383, Apr. 10, 1962]

§ 1007.2905-4 Disclaimer of warranty. DISCLAIMER OF WARRANTY (AUG. 1958) The leased property is furnished without warranty, express or implied, on the part of the Government as to serviceability or fitness for use, provided however, that the lessee shall at any time not later than thirty days after delivery have the right to inspect and reject the same or any part thereof for good and sufficient reason relative to the condition of the leased property.

[26 FR. 12421, Dec. 27, 1961, as amended at 27 F.R. 3383, Apr. 10, 1962]

§ 1007.2905-5 Use of leased property.

USE OF LEASED PROPERTY (Aug. 1958) The lessee may use the leased property for all legal purposes, provided however, subject to the provisions of any other applicable priority system established by the Government, that the lessee shall not use the leased property, or any part thereof, for work which would interfere materially with the performance of Government contracts or subcontracts and provided further that first priority will be given, with due regard to existing commitments, to Air Force contracts and subcontracts.

[26 F.R. 12421, Dec. 27, 1961, as amended at 28 F.R. 11068, Oct. 16, 1963]

§ 1007.2905-6 Rental.

RENTAL (AUG. 1958)

(a) The lessee shall pay rent for the leased property at the monthly rental specified in the Appendix “A”. Such rent shall begin with respect to said item at the beginning of the term of this lease as set forth in Clause II hereof or upon date of delivery of such item to the lessee whichever is later and shall continue to the date on which this lease expires or is terminated with respect to said item or items of leased property; provided, however, that such rental shall commence upon the date when the item is placed

in a usable condition in those cases wherein an item is unusable as a result of need for repairs and/or parts replacements at the time when rental would otherwise begin. Rent accruing during the month of delivery of any item or items of leased property and the month in which such item or items of leased property are returned to the Government shall be prorated on the basis of a thirty-day month. Rental payments shall be made for rental due and owing for each calendar quarterly period during the term of this lease not later than the 10th day of the month following such calendar quarter. Said rental payment shall be made by check payable to the Treasurer of the United States and shall be mailed or delivered to the Contracting Officer or such other person as may be designated by the Contracting Officer for transmittal to the appropriate accounting officer, accompanied by a statement in triplicate explaining the amount of each payment.

(b) The lessee shall as soon as practicable notify the Contracting Officer of the date or dates upon which the items to be leased were or are received by it and will advise the Contracting Officer of any items that were or are not in a usable condition as a result of the need for repairs and/or parts replacement at the time of receipt and, subject to the provisions of Clause IV hereof, that such rehabilitation will be made. In this event the lessee agrees to undertake the rehabilitation thereof forthwith, and to notify the Contracting Officer of the date when the rehabilitation of each such item is completed. Such dates shall be subject to verification and approval by the Contracting Officer.

[26 F.R. 12421, Dec. 27, 1961, as amended at 28 F.R. 11068, Oct. 16, 1963]

§ 1007.2905-7 Liability and risk of loss. LIABILITY AND RISK OF Loss (OCT. 1957)

(a) The leased property shall be returned by the lessee to the Government in good operating condition, fair wear and tear excepted, provided however, that the lessee shall not be responsible for any loss, destruction, or damage to the leased property resulting from hostile or warlike action, including action in hindering, combating or defending against an actual, impending, or expected attack by any government or sovereign power (de jure or de facto), or by any authority using military, naval, or air forces, or by any agent of any such government, power, authority, or forces.

(b) The lessee agrees to maintain such insurance, in such amounts and in such form, as the Contracting Officer may direct with respect to any risks or perils for which the lessee is responsible hereunder, and which is customarily covered by insurance (or by a reserve for self-insurance) in accordance with the normal practice of the lessee or the prevailing practice of the industry in which the lessee is engaged with respect to similar property in the same general locale.

[26 F.R. 12421, Dec. 27, 1961, as amended at 27 F.R. 3383, Apr. 10, 1962]