[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: 7CFR1728.70]

[Page 277-278]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1728--ELECTRIC STANDARDS AND SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION--Table of Contents
 
Sec. 1728.70  Procurement of materials.

    (a) By Owner. When purchasing the type of materials included in the 
List of Materials, RUS borrowers shall purchase only materials listed in 
the List of Materials, or materials which have a current technical 
acceptance by RUS and meet the ``Buy American'' requirement.
    (b) By Contractor. When performing work for an RUS borrower, 
contractors shall supply only items from the general acceptance pages of 
the List of Materials, or obtain the borrower's concurrence prior to 
purchase and use of a technically nondomestic item or any item listed on 
a conditional basis.

[[Page 278]]

    (c) Procurement of Unlisted Items. (1) The borrower shall request 
prior approval from RUS for use of an item that does not fall in 
categories established by RUS in the List of Materials for which 
acceptability has been established by the Technical Standards 
Committees.
    (2) RUS will also determine, on a case-by-case basis, whether to 
allow use of an unlisted item in emergency situations and for 
experimental use or to meet a specific need. For purposes of this part 
1728, an emergency shall mean a situation wherein the supply of listed 
material and equipment from the industry is not readily available, or 
the standard designs are not applicable to the borrower's specific 
problem under consideration.
    (3) RUS will make arrangements for test or experimental use of newly 
developed items requiring limited trial use. RUS, working with the 
borrower and the manufacturer, will establish test locations for the 
items to facilitate installation and observation.

[50 FR 47712, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]