#### § 1753.39 Closeout documents.

Closeout of Equipment Contract, RUS Contract Form 395 (RUS Contract Form 395) (including or not including installation) shall be conducted as follows:

(a) *Contract amendments.* Amendments that must be submitted to RUS for approval, as required by [§ 1753.11](/on/2024-09-16/title-7/section-1753.11), shall be submitted promptly. All other amendments may be submitted to RUS with the engineer's contract closeout certification.

(b) *Acceptance tests.* The borrower will perform acceptance tests as part of the partial closeout and final closeout of RUS Contract Form 395 that will demonstrate compliance with the requirements as specified by the borrower's engineer in the Performance Requirements. Other tests demonstrating compliance will be acceptable.

(c) *Grounding system audit.* A grounding system audit shall be performed and found acceptable for equipment provided under RUS Contract Form 395, (including or not including installation), prior to placing a central office or remote switching terminal into full service operation. The audits are to be conducted in accordance with the requirements specified by the borrower's engineer in the Performance Requirements. The audits shall be performed by the contractor and borrower when using the RUS Contract Form 395 with equipment installation and by the borrower when using the RUS Contract Form 395 without equipment installation.

(d) *Partial Closeout Procedure.* Under conditions set forth in RUS Contract Form 395, a contractor may, when approved by the borrower, receive payment in full for central offices and their respective associated remote switching terminals upon completion of the installation without awaiting completion of the project. The contractor is to receive such payment, according to procedures contained in the applicable sections of RUS Contract Form 395. In addition to complying with the appropriate partial closeout procedure contained in RUS Contract Form 395, the borrower shall:

(1) Obtain from the engineer a certification of partial closeout; and

(2) Submit one copy of the summary to RUS with an FRS.

(e) *Final contract closeout procedure.* The documents required for the final closeout of the equipment contract, RUS Contract Form 395 with or without installation, are listed in the Table 1 to paragraph (e), which also indicates the number of copies and their distribution.

Table 1 to Paragraph (e)—Documents Required To Close Out Equipment Contract,

RUS Contract Form 395

| RUS Form No. | Description | Number of copies prepared by | | Distribution | |
| --- | --- | --- | --- | --- | --- |
| Seller | Engineer | Buyer | Seller |
| 213 | Certificate (Buy American) | 1 | | 1 | |
| 238 | Construction or Equipment Contract Amendment (If not previously submitted, send to RUS for approval) | | 3 sent to RUS | 1 from RUS | 1 from RUS. |
| 395a | Certificate of Completion for Equipment Contract (Including Installation) | | 2 | 1 | 1. |
| 395b | Certificate of Completion for Equipment Contract (Not Including Installation) | | 2 | 1 | 1. |
| 395c | Certificate of Contractor and Indemnity Agreement (Use only for installation contracts) | 1 | | 1 | |
| None | Report in writing, including all measurements, any acceptance test report and other information required under Part II of the applicable specifications (Form 395d may be used) | | 1 | 1 | |
| None | Set of maintenance recommendations for all equipment furnished under the contract | 1 | | 1 | |

(f) Once RUS approval has been obtained for any required amendments, the borrower shall obtain certifications from the engineer that the project and all required documentation are satisfactory and complete. The requirements for the final contract certification are contained in [§ 1753.18](/on/2024-09-16/title-7/section-1753.18).

(g) Once these certifications have been received, final payment shall be made according to the payment terms of the contract. Copies of the certifications shall be submitted with the FRS, requesting the remaining funds on the contract.

[[81 FR 71583](https://www.federalregister.gov/citation/81-FR-71583), Oct. 18, 2016]