[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: 7CFR1753.68] [Page 402-405] TITLE 7--AGRICULTURE CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE PART 1753--TELECOMMUNICATIONS SYSTEM CONSTRUCTION POLICIES AND PROCEDURES--Table of Contents Subpart H--Purchase and Installation of Special Equipment Sec. 1753.68 Purchasing special equipment. (a) General. (1) Equipment purchases are categorized as initial equipment purchase, equipment additions to existing systems and new system additions. (i) An initial equipment purchase is a first time purchase by a borrower of a complete system of special equipment. (ii) Equipment additions to existing systems are additions of components to complete operating systems to increase system capacity that require components made by the manufacturer of the existing system. (iii) New system additions are purchases of complete systems of special equipment when the purpose can be accomplished either with equipment of the same type and manufacture as other complete operating systems in the borrower's system, or with complete systems of special equipment from other manufacturers. (iv) Where equipment is obtained under a Form 398 Contract, the borrower shall require the supplier to provide a detailed proposed bonding and [[Page 403]] grounding plan and detailed installation information. The installation information is to enable acceptance testing by the borrower upon completion of the installation. (2) For initial equipment purchases that qualify as major construction, the borrower shall obtain proposals from at least three suppliers of equipment of different manufacturers. (3) For equipment additions to increase the capacity of existing systems, the borrower may negotiate for equipment of a specific type and manufacture. RUS approval to negotiate in this instance is not required if these additions were specifically described in the LD approved by RUS (4) For new system additions, the borrower may request RUS approval to negotiate for additional equipment for the purpose of standardization on a system basis, provided RUS approved the procurement method used for the initial equipment purchase. RUS approval to negotiate must be obtained before release of the P&S to the seller. (5) RUS will not approve negotiation with a seller of non-domestic equipment for the purpose of standardization, because such a purchase does not meet the ``Buy American'' provision. (6) RUS recommends, but does not require, that borrowers include installation by the seller for initial installations of special equipment that qualify as major construction. (7) Special equipment may be installed by the borrower if it has qualified personnel and test equipment available to install the equipment and make the required acceptance tests, and written approval is given by RUS. (8) Installations, whether by the borrower or the seller, must meet the installation requirements of Form 397 specifications. A copy of the acceptance tests results must be attached to the closeout documents or work order summary. (9) Detailed considerations and guidelines for the preparation of the specifications for the various applications of special equipment can be found in RUS Telecommunications Engineering and Construction Manuals. (10) The borrower must obtain authorization from the Federal Communications Commission (FCC) to construct and operate radio transmitting equipment. Evidence of FCC authorization is required for RUS contract approval. Where required, the borrower must obtain approval of state regulatory bodies regarding tariffs and related matters. (b) Procurement procedures--(1) General. The following are the procurement procedure steps required for the purchase of special equipment by borrowers. (2) Initial equipment purchase. (i) The borrower prepares P&S and, for projects estimated to exceed $500,000 or 25% of the loan, whichever is less, sends two copies to GFR for approval. (ii) For projects estimated to exceed $500,000 or 25% of the loan, whichever is less, RUS will either approve P&S in writing or notify the borrower of the reasons for withholding approval. (iii) For projects estimated to cost less than $500,000 or 25% of the loan, whichever is less, the borrower may proceed with procurement upon completion of the P&S. (iv) If the borrower has employed full competitive bidding in the selection, a contract may be executed with the successful bidder and the borrower may proceed to paragraph (b)(2)(vi) of this section. (v) If the borrower did not follow a fully competitive bidding process as described in Sec. 1753.8, the selection, along with a summary of all proposals and an engineer's recommendation, shall be sent to RUS. RUS shall approve the proposal selection in writing or notify the borrower of any reason for withholding approval. (vi) The borrower sends three executed contracts including specifications to RUS for approval. (vii) After RUS approval of the contract, one copy will be returned to the borrower and one copy will be sent to the seller. (3) Equipment additions to existing systems. Purchase procedures for equipment additions to existing systems are the same as for initial system purchase except that the borrower may negotiate for equipment of a specific type and manufacture instead of obtaining proposals from three or more sellers. (4) New system additions. (i) The borrower prepares the P&S and, if the [[Page 404]] project is estimated to exceed $500,000 or 25% of the loan, whichever is less, sends two copies to the GFR for approval. The borrower may request RUS approval to negotiate for the purpose of standardization on a system basis prior to preparing the P&S. (ii) RUS notifies the borrower in writing as to whether the borrower may negotiate for specific equipment. If P&S were required to be submitted to RUS under paragraph (b)(4)(i) of this section, RUS notifies the borrower in writing of P&S approval (or notifies the borrower of the reasons for withholding approval). (iii) The remainder of the purchase procedure for new system additions is the same as for initial equipment purchase. (c) Contract amendments. (1) The general requirements for contract amendments are set forth in Sec. 1753.11. (2) The borrower shall prepare any required amendments to the special equipment contract, arrange for the execution by all parties, and submit these amendments to RUS in accordance with Sec. 1753.11(d). RUS Form 238, Construction or Equipment Contract Amendment, shall be used for this purpose. (d) Closeout procedures--(1) Acceptance tests for Form 397. (i) Immediately upon completion of the installation and alignment of the equipment, the borrower shall arrange with the contractor's installer and the GFR for acceptance tests. (ii) The borrower shall obtain from the contractor, in writing, the results of all inspections and tests made by the contractor as required in the specifications. The borrower will analyze the test results and determine whether the performance of the equipment meets the contract specifications. (2) Acceptance tests for Form 398. (i) Upon completion of the installation and alignment of the equipment (under this contract the installation alignment will be by other than the seller) the borrower shall perform all the inspections and tests outlined in the specifications. (3) Closeout documents. When the acceptance tests have been completed and all deficiencies have been corrected, the borrower: (i) Assembles and distributes the documents listed in the following table that are required for the closeout of the special equipment contract. The documents listed for RUS shall be retained by the borrower for inspection by RUS for at least two years from the date of the engineer's contract closeout certification. Documents Required To Close Out Special Equipment Contracts [RUS Forms 397 and 398] ---------------------------------------------------------------------------------------------------------------- No. of copies prepared by Distribution RUS Form No. Description --------------------------------------- Engineer ------------------------- Form 397 Form 398 Contractor Borrower Contractor ---------------------------------------------------------------------------------------------------------------- 238 Construction or ........... (3) ........... (3) (to RUS) (to RUS) Equipment Contract Amendment (if not previously submitted, send to RUS for approval). 396 Certificate of ........... 2 ........... ........... 1 1 Completion-- Special Equipment Contract (Including Installation). 396a Certificate of ........... ........... ........... 2 1 1 Completion-- Special Equipment Contract (Not Including Installation). 744 Certificate of 1 ........... ........... ........... 1 ........... Contractor and Indemnity Agreement. 213 Certificate (Buy 1 ........... 1 ........... 1 ........... American). [[Page 405]] None Report in 1 ........... ........... 1 1 ........... writing, including all measurements and other information required under Part II of the applicable specifications. None Set of 1 ........... 1 ........... 1 ........... maintenance recommendations for all equipment furnished under the contract. ---------------------------------------------------------------------------------------------------------------- (ii) Obtains certifications from the engineer that the project and all required documentation are satisfactory and complete. Requirements for this contract closeout certification are contained in Sec. 1753.18. (iii) Submits copies of the engineer's certifications to RUS with the FRS requesting the remaining funds on the contract. (iv) Makes final payment in accordance with the payment terms of the contract. [54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 1990, and amended at 59 FR 43718, Aug. 25, 1994; 64 FR 16611, Apr. 6, 1999]