PHS-1881-1

PHS-1881-1 (Rev. 01/23)

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PSC Publishing Services (301) 443-6740 EF

DEPARTMENT OF HEALTH AND HUMAN SERVICES

BASIC TRAINING CONTRACT

INITIATING OFFICE – NAME ADDRESS

U.S. Public Health Service

Commissioned Corps Headquarters

Personnel and Career Management Branch

U.S. Public Health Service

Commissioned Corps Headquarters (CCHQ)

Personnel and Career Management Branch (PCMB)

1101 Wootton Parkway, Suite 300

Rockville, MD 20852

CONTRACTOR – NAME CONTRACT NO.

ADDRESS

THIS CONTRACT is entered into by and between the United States of America, hereinafter called the Government, represented by the

Contracting Officer executing this contract, and (Name of Contractor and address)

hereinafter called the Contractor. The parties hereto agree that the contractor shall perform all services set forth in Terms and Conditions (on

reverse side).

PERIOD COVERED: From (mm/dd/yyyy) To (mm/dd/yyyy)

Funds to be allotted in each order issued pursuant to Article I of Terms and Conditions.

The Personnel and Career Management Branch (PCMB), Rockville, Maryland, is designated as the office having overall responsibility for

initiating the contract. The Director, CCHQ, Rockville, Maryland, has sole administrative responsibility for execution and formalization of

the contract.

Invoices shall be forwarded to the respective office issuing the orders provided for under Article I, who will approve the same and thereupon

forward such invoices to the proper accounting point for certification and payment.

THE CONTRACTOR WILL EXECUTE THIS PORTION OF THE CONTRACT AND RETURN ALL COPIES TO THE INITIATING OFFICE

The Contractor represents that the aggregate number of employees of the Contractor and its affiliates is:

500 or more Less than 500

1. a corporation organized and existing under the laws of the State of

2. a partnership consisting of

3. an individual trading as

If Contractor is a corporation, the following certificate should be executed under its corporate seal, provided that the same officer shall not

execute both the contract and the certificate.

I, , certify that I am the

of the corporation named as Contractor herein, that

who signed this contract on the part of the Contractor, was then of said

corporation by authority of its governing body, and is within scope of its corporation powers.

NAME AND ADDRESS OF CONTRACTOR

SIGNATURE TYPE NAME AND TITLE

ACCEPTANCE BY THE GOVERNMENT

THE UNITED STATES OF AMERICA

SIGNATURE OF CONTRACTING OFFICER TYPE NAME AND TITLE DATE (mm/dd/yyyy)

This contract is entered into pursuant to the provisions of the Public Health Service Act, approved July 1, 1944 58 Stat. 682, as amended.

(CORPORATE SEAL)

PHS-1881-1 (Rev. 01/23)

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(continued on next page)

I. SERVICES TO BE FURNISHED.

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

period specified for student(s), who shall be officers or em-

ployees of the Public Health Service who are acceptable to

and approved by Contractor, in the courses and for the re-

spective 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.

sented 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 nor-

mally furnished by the Contractor to all students.

(e) In the event it is desired to amend an Order issued hereun-

der 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 appropri-

ate amendment number.

(f) Necessary textbooks required for use by individual students

will be procured by said students at their own expense.

II. CONSIDERATION, PAYMENT AND INVOICES.

(a) The Government will pay to the Contractor as compensa-

tion, 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 tu-

ition 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 para-

graph (a) above in advance, as follows:

(1) For the first semester in which the student is enrolled,

upon the receipt of the approved copy of the Order as pro-

vided 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 du-

plicate. 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 instruc-

tion covered by such voucher.

Institute Chiefs of the Public Health Service may sign indi-

vidual Orders to this General Training Contract.

III. TERMINATION.

(a) The performance of work under this contract may be ter-

minated by the Government in accordance with this para-

graph 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 termi-

nated and the effective date of such termination. Whenever

termination is effected under (ii) above, the student, after re-

ceiving 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.

(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 es-

tablished policies of the Contractor if termination is effected

during any period of instruction.

triculation for any cause whatsoever the Contractor agrees to

make proper refund of any unearned tuition and related fees

for services contemplated but not rendered.

IV. TERMINATION IN THE EVENT OF REVISED PRICES. The con-

sideration 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 instruc-

tion 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 re-

vised 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 with-

out the Contractor’s consent.

TERMS AND CONDITIONS

PHS-1881-1 (Rev. 01/23)

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VI. REPORTS.

(a) The contractor shall submit to the sponsoring program within

the Public Health Service, at the end of each term or semes-

ter 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 re-

port 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 ei-

ther 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.

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 ap-

peal. 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 discrim-

inate against any employee or applicant for employment because

of race, creed, color, or national origin; and further agrees to in-

sert 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 subse-

quent treatment of students.

XI. CONVICT LABOR. In connection with the performance of this

contract, the Contractor agrees not to employ any person under-

going sentence or imprisonment at hard labor.

XII. DEFINITIONS.

(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 oth-

erwise provided in this contract, the authorized representa-

tive 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.