Form VA Form 28-1903 VA Form 28-1903 Contract for Training and Employment

OMB Control No. 2900-0677
Respondent Burden: 1 hour

CONTRACT FOR TRAINING AND EMPLOYMENT
(Chapter 31, Title 38, U.S. Code)
20

This contract made as of this
, between the Department of Veterans Affairs and

day of

(hereinafter referred to as the Contractor), an institution or individual located at
, State of

WITNESSETH:
WHEREAS, the Department of Veterans Affairs is authorized to pay for courses of vocational rehabilitation for veterans
under the provisions of Chapter 31, Title 38, U.S.C., (Section 3115), and
FPR 1-3.215 and
WHEREAS, the contractor has been approved for vocational rehabilitation of veterans under Chapter 31, Title 38, U.S.C.,
by the Department of Veterans Affairs.
NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements hereinafter contained, the
parties hereto do mutually agree as follows:
ARTICLE 1. INSTRUCTION
(a) The Contractor will provide instruction and the necessary books, supplies, and equipment therefore set forth in
paragraphs (c) and (d) below, during the period beginning
, 20
, and
ending
, 20
, to such veterans described herein who may be accepted or retained by the Contractor as
students in courses described or identified in Schedule 1 attached hereto.
(b) This contract shall apply to veterans who are approved and designated by the Department of
Veterans Affairs as being entitled to vocational rehabilitation training under Chapter 31, Title 38, U.S.C.
(c) The Contractor will provide such courses of instruction at the charges listed and described in Schedule 1 attached
hereto, or as set forth in the catalogs, bulletins, or other publications or schedules which are submitted herewith and identified
in Schedule 1 as part of this Contract.
(d) The Contractor will furnish outright to the veteran, as needed, such books, supplies, and equipment as are necessary for
the satisfactory pursuit and completion of the courses as referred to in paragraph (c) above. It is understood and agreed that the
books, supplies, and equipment to be so furnished will consist of those items required, but in no instance greater in variety,
quality, or amount
than are required by the Contractor to be provided personally by other and all students pursuing the same or similar courses.
(e) The Department of Veterans Affairs will compensate the Contractor for the books, supplies, and equipment provided in
this Article as follows:

VA FORM
AUG 2005

28-1903

Page 1 of 4 Pages

ARTICLE 2. PAYMENT
(a) The Contractor will prepare and certify invoices or vouchers for tuition fees and other services as set forth in paragraph
(c), Article 1, in the manner and form prescribed by the Department of Veterans Affairs. These invoices or vouchers will be
presented by the Contractor and will be paid by the Department of Veterans Affairs at such intervals and covering such
periods as indicated herein:

(b) The Contractor shall furnish to the Department of Veterans Affairs properly prepared and approved invoices or
vouchers covering separately the charges for books, supplies, and equipment furnished under Chapter 31, Title 38, U.S.C., as
set forth in paragraph (d), Article 1, and containing a certification that the articles have been delivered to eligible veterans and
that the institution has evidence of such delivery on hand and available for the inspection of the Department of Veterans
Affairs. Such items may be vouchered with charges as set forth in Article 2 (a), or, if desired by the Contractor, they may be
submitted on a separate invoice or voucher immediately following the delivery of books, supplies, and equipment to the
veterans.
(c) Invoices or Vouchers contemplated in Article 2 (a) and (b) will include as a part of the certification a statement that no
amount received from the Government is used or will be used as a rebate, prize, or other payment in goods or money to the
veteran trainee.
(d) The Contractor agrees that the payment for services and articles as set forth in paragraphs (c) and (d), Article 1, shall
not exceed the charges generally made to other (regular) students pursuing the same or similar courses of instruction unless it
has been determined by the Department of Veterans Affairs that the institution, in order to provide additional facilities to
afford education or training, needs additional compensation to cover the cost of such additional facilities.
ARTICLE 3. RECORDS AND REPORTS
The Contractor shall maintain records of attendance, deportment, and progress of veterans in training under this contract
and shall make available such records and furnish such reports to the Department of Veterans Affairs at such intervals as may
be mutually determined and as may be necessary and required by the Department of Veterans Affairs to administer the
training of the veteran as required by the law.
ARTICLE 4. INSPECTION
The Contractor will permit the duly authorized representatives of the United States Government to visit the place of
instruction as may be necessary and examine the training facilities and work of the veterans in training under this contract.
ARTICLE 5. PRORATION OF CHARGES
The Contractor agrees that in the event any veteran in training under this contract withdraws or is separated from the
institution prior to the completion of the term or his/her course, the charges made for tuition and other fees will be prorated as
follows:

ARTICLE 6. TERMINATION
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of
the Government. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with
Part 1-8 of the Federal Procurement Regulations (41 CFR 1-8), in effect on this contract’s date. To the extent that this contract
is for services and is so terminated, the Government shall be liable only for payment in accordance with the payment
provisions of this contract for services rendered prior to the effective date of termination.

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ARTICLE 7. LIMITATION
It is understood and agreed that the terms of this contract are subject to and will be governed by the Department of
Veterans Affairs regulations issued pursuant to Chapter 31, Title 38, U.S.C., and that any obligations assumed by the
Department of Veterans Affairs under this contract is limited to the appropriated funds made available therefor.
ARTICLE 8. EXTENSION OF CONTRACT PERIOD
When appropriate, this contract may be extended form year to year if agreeable to both parties provided the agreement for
extension is consummated 30 days prior to the expiration date, and further provided that there is no change in the provisions,
terms, conditions or rate of payment. Any extension made hereunder is subject to the availability of funds during the period
covered by the extension.
ARTICLE 9. APPLICABLE PROVISION OF STANDARD FORM 32
This contract is subject to the applicable provision of Standard Form 32, General Provisions (Supply Contract) which is
annexed hereto and incorporated herein. Applicable Paragraphs are 7,8,10,11,13,14,15,16,18,19,20.
ARTICLE 10. DISPUTES
(a) Except as otherwise provided in this contract, any dispute 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 decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the
Contracting Officer shall be final and conclusive unless within 30 days from the date of receipt of such copy,
the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the
Under Secretary for Veterans Benefits. The decision of the Under Secretary or the duly authorized
representative for the determination of such appeals shall be final and conclusive unless determined by a court
of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. 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 appeal. 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.
(b) This DISPUTES clause does not preclude consideration of law questions in connection with decisions
provided for in paragraph (a) above: PROVIDED, that nothing in this contract shall be construed as making
final the decision of any administrative official, representative, or board on a question of law.
ARTICLE 11. CERTIFICATION OF NONSEGREGATED FACILITIES
By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that they do not maintain or
provide for their employees any segregated facilities at any of their establishments, and that they do not permit their
employees to perform their services at any location, under their control where segregated facilities are maintained. They
certifiy further that they will not maintain or provide for their employees any segregated facilities at any of their
establishments, and that they will not permit their employees to perform services at any location, under their control, where
segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification,
the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating
areas, time, clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or
are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The
bidder, offeror, applicant, or subcontractor further agrees (except where they have obtained identical certifications from
proposed subcontractors for specific time periods) that they will obtain identical certifications from proposed subcontractors
prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity
clause; that they will retain such certifications in their files; and that they will forward the following notice to such proposed
subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF
NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is
not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each
subcontract or for all subcontracts during a period (i.e., quarterly, semiannually or annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
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IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written:

TWO WITNESSES AS TO CONTRACTOR:

(Contractor)

By
Adress
DEPARTMENT OF VETERANS AFFAIRS
Adress
By
Director or Designee
Title
By

Address
Section Chief VCTA or Designee

CERTIFICATE

I,
that I am the
institution named as Contractor herein: That

certify
Secretary of the

who signed this contract on behalf of the Contractor
was then
of said institution; that said contract was duly signed for and on behalf of said institution by authority of its governing
governing board and is within the scope of its corporate powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said institution this
day of
, 20 .

(CORPORATE SEAL)

Secretary

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