[Code of Federal Regulations] [Title 7, Volume 11] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1726.35] [Page 251-253] TITLE 7--AGRICULTURE CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE PART 1726--ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES--Table of Contents Subpart A--General Sec. 1726.35 Submission of documents to RUS. (a) Where to send documents. Documents required to be submitted to RUS under this part are to be sent to the office of the borrower's respective RUS Regional Director, the Power Supply Division Director, or such other office of RUS as designated by RUS (see part 1700 of this chapter.) (b) Borrower certification. When a borrower certification is required by this part, it must be made by the borrower's manager unless the board of directors specifically authorizes another person to make the required certification. In such case, a certified copy of the specific authorizing resolution must accompany the document or be on file with RUS. (c) Contracts requiring RUS approval. The borrower shall submit to RUS three copies of each contract that is subject to RUS approval under subparts B through F of this part. At least one copy of each contract must be an original signed in ink (i.e., no facsimile signature). Each contract submittal must be accompanied by: (1) A bid tabulation and evaluation and, if applicable, a written recommendation of the architect or engineer. (2) For awards made under the informal competitive bidding procedure or the multiparty negotiation procedure, a written recommendation of the contracting committee (See Secs. 1726.202 and 1726.203). (3) Three copies of an executed contractor's bond on RUS approved bond forms as required in the contract form (at least one copy of which must be an original signed in ink) and one copy of the bid bond or facsimile of the certified check. (4) A certification by the borrower or chairperson of the contracting committee, as applicable, that the appropriate bidding procedures were followed as required by this part. [[Page 252]] (5) A certified copy of the board resolution awarding the contract. (6) Evidence of clear title to the site for substations and headquarters construction contracts, if not previously submitted. (7) Documentation that all reasonable measures were taken to assure competition if fewer than three bids were received. (d) Contract amendments requiring RUS approval. The borrower must submit to RUS three copies of each contract amendment (at least one copy of which must be an original signed in ink) which is subject to RUS approval under Sec. 1726.24(b). Each contract amendment submittal to RUS must be accompanied by: (1) A certified copy of the board resolution approving the amendment; and (2) A bond extension, where necessary. (e) Encumbrance of loan or loan guarantee funds. (1) For contracts subject to RUS approval, the submittals required under paragraph (c) of this section will initiate RUS action to encumber loan or loan guarantee funds for such contracts. (2) For contracts not subject to RUS approval (except for generation projects), loan or loan guarantee funds will normally be encumbered using RUS Form 219, Inventory of Work Orders, after closeout of the contracts. In cases where the borrower can show good cause for a need for immediate cash, the borrower may request encumbrance of loan or loan guarantee funds based on submittal of a copy of the executed contract, provided it meets all applicable RUS requirements. (3) For generation project contracts not subject to RUS approval, the borrower must submit to RUS the following documentation: (i) A brief description of the scope of the contract, including contract identification (name, number, etc.); (ii) Contract date; (iii) Contractor's name; (iv) Contract amount; (v) Bidding procedure used; (vi) Borrower certification that: (A) The board of directors approved the contract; (B) The bidding procedures and contract award for each contract were in conformance with the requirements of Part 1726, Electric System Construction Policies and Procedures; (C) If a RUS approved form of contract is required by this part, the terms and conditions of the RUS approved form of contract have not been altered; (D) If RUS has approved plans and specifications for the contract, the contract was awarded on the basis of those plans and specifications; and (E) No restriction has been placed on the borrower's right to assign the contract to RUS or its successors. (4) Contract amendments. (i) For amendments subject to RUS approval, the submittals required under paragraph (c) of this section will initiate RUS action to encumber loan or loan guarantee funds for contract amendments requiring RUS approval. (ii) For amendments not subject to RUS approval (except generation projects), loan or loan guarantee funds will normally be encumbered using RUS Form 219, Inventory of Work Orders, after closeout of the contracts. In cases where the borrower can justify a need for immediate cash, the borrower may request encumbrance of loan or loan guarantee funds based on submittal of a copy of the executed amendment, providing it meets all applicable RUS requirements. (iii) For each generation project contract amendment not subject to RUS approval, the borrower must submit to RUS the following information and documentation: (A) The contract name and number; (B) The amendment number; (C) The amendment date; (D) The dollar amount of the increase or the decrease of the amendment; (E) Borrower certification that: (1) The amendment was approved in accordance with the policy of the board of directors (the borrower must ensure that RUS has a certified copy of the board resolution establishing such policy); (2) If a RUS approved form of contract is required by this part, the terms and conditions of the RUS approved form of contract has not been altered; and [[Page 253]] (3) No restriction has been placed on the borrower's right to assign the contract to RUS or its successors.