contractor or to execute release or waiver in his own name.

(c) Prior to any authorized partial payment the contractor will be required to execute a release or waiver.

(d) Due to the variations of local law, no standard release or waiver is prescribed. Each release or waiver will be prepared in accordance with local law and will be in form acceptable by the Chief Attorney.

§ 8-95.107 Stipulations against liens.

(a) Where determined necessary by the Manager, Veterans Administration regional offices, contracts in an amount less than $1,000 may contain the following:

The contractor expressly waives any and all rights to file or maintain any mechanics Hen or claim against the aforesaid premises.

(b) Contracts in the amount of $1,000 or more or where there is doubt as to the financial responsibility of the contractor will provide maximum protection to the Government by including such requirements as are available under local law. Advice and approval of any contract stipulation or legal stipulations against liens will be obtained from the Chief Attorney.

Subpart 8-95.2—Vocational Rehabil

itation and Education Program

§ 8-95.200 Scope of subpart.

This subpart sets forth policy and procedures with respect to the vocational rehabilitation and education program as it pertains to contracts for training, education, guidance and approval of institutions and training establishments. § 8-95.201 General.

§ 8-95.201-1 Requirements for use of

contracts.

Contracts will be negotiated for tuition, fees, books, supplies, equipment, and other allowable expenses incurred by the institution for the training of eligible veterans under chapter 31, title 38, United States Code, under the following circumstances:

(a) With institutions offering courses of instruction by correspondence. Courses of instruction by correspondence is deemed to mean a course of education or training conducted by mail consisting of regular lessons or reading assignments, the preparation of required written work which involves the application

of principles studied in each lesson, the correction of assigned work with such suggestions or recommendation as may be necessary to instruct the student, the keeping of student achievement records and issuance of a diploma, certificate, or other evidence to the student upon satisfactorily completing the requirements of the course.

(b) With institutions, establishments, or individuals approved to provide training to eligible veterans under chapter 31, title 38, United States Code, for whom special services are furnished at the request of the Veterans Administration. § 8-95.201-2 Requirements when contracts are not required.

(a) When a contract is not required, a signed statement of charges will be obtained from the educational institution or training establishment for courses to be offered, including the rate of tuition, fees, and separate charges, if any, for books, supplies, and equipment handling charges, refund policy and such other provisions as are required to determine proper payment. The statement of charges may be in the form of a statement on VA Form 21E-1905, Authorization and Notice of Entrance or Reentrance into Training, that charges will be in accordance with catalog or other published document (identify publication). The statement of charges may not exceed those charges paid by nonveterans or that is published in the school catalog or other published document.

(b) For the purpose of this section a contract will not be required when all tuition, fees, books, supplies, or services necessary to train, or educate an eligible veteran under chapter 31, title 38, United States Code, are published in the school catalog or other published document. § 8-95.201-3 Medical services.

The medical services provided trainees under vocational rehabilitation and education contracts, agreements, or arrangements are separate and distinct from any other medical service under the jurisdiction of the Department of Medicine and Surgery to which the veteran may be entitled and no certificate of eligibility is required from that department. § 8-95.201-4 Letter contracts.

Pursuant to FPR 1-3.408 and § 8-3.408, letter contracts are authorized for use

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.

§ 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.

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:

or

ar

(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).

(b) 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 service 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:

(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 an 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.

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 correspondence 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]