§ 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 electronically to RUS, unless otherwise directed.
( 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, one copy of each contract that is subject to RUS approval under subparts B through F of this part. Any contract submitted by the borrower contract 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 §§ 1726.202 and 1726.203).
( 3 ) One copy of an executed contractor's bond on RUS approved bond forms as required in the contract form and one copy of the bid bond or copy 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.
( 5 ) Evidence of clear title to the site for substations and headquarters construction contracts, if not previously submitted.
( 6 ) 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, one copy of each contract amendment which is subject to RUS approval under § 1726.24(b). Each contract amendment submittal to RUS must be accompanied by 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 bidding procedures and contract award for each contract were in conformance with the requirements of Part 1726, Electric System Construction Policies and Procedures;
( B ) 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;
( C ) If RUS has approved plans and specifications for the contract, the contract was awarded on the basis of those plans and specifications; and
( D ) 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;
( 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
( 3 ) No restriction has been placed on the borrower's right to assign the contract to RUS or its successors.
[60 FR 10155, Feb. 23, 1995, as amended at 84 FR 32617, July 9, 2019; 86 FR 36197, July 9, 2021]