---
kind: "section"
citation: "7 C.F.R. § 1789.158"
title: "7"
number: "1789.158"
heading: "Implementation."
url: "https://uscodex.org/cfr/7/1789.158"
---

# §1789.158. Implementation.

- (a) Upon making a determination to go forward with Borrower funding for consulting services, RUS shall initiate a procurement request for a Consultant to provide the services. The government may either contract with a Consultant on a case by case basis or elect to use a Consultant pursuant to an outstanding Retainer Contract. The Borrower will not be informed of the Consultant selected until such time as the government provides the information set forth in [paragraph (c)(3)](#c-3) of this section.
- (b) If the government determines to contract with a Consultant on a case by case basis, the government shall notify the Borrower of the applicable procedures.
- (c) If the government determines to contract with a Consultant under an outstanding Retainer Contract, the following procedures will normally apply:
  - (1) Pursuant to the terms of the contract, the government will prepare a draft Task Order requesting consultant services in connection with the review of the Borrower's Application. The draft Task Order shall set forth for the Consultant's review and acceptance, a description of the services to be provided and applicable time frames for the provision of such services.
  - (2) The government will request that the Consultant:
    - (i) Notify the government as to the acceptability of the form and substance of the draft Task Order;
    - (ii) Notify the government as to its ability to provide a satisfactory conflict of interest certification consistent with the requirements of the FAR ([48 CFR ch. 1](/cfr/48/ch1.md)); and
    - (iii) **Provide a cost estimate for the draft Task Order.**
  - (3) When the government is satisfied with the response(s) received pursuant to [paragraph (c)(2)](#c-2) of this section, the government shall promptly provide to the Borrower:
    - (i) A copy of the draft Task Order identifying the Consultant;
    - (ii) The Consultant's cost estimate for the draft Task Order; and
    - (iii) Contract information required to enable the Borrower to develop a Funding Agreement, an Escrow Agreement and an Indemnification Agreement (the “agreements”).
  - (4) The Borrower shall develop and submit to the government for approval executed originals of:
    - (i) The agreements; and
    - (ii) A certified copy of a resolution of the board of directors authorizing the Borrower to enter into the agreements and to take such other action as is necessary to effect the purposes of the agreements.
  - (5) Upon receiving written RUS approval of the agreements and the form and substance of the board resolution, the Borrower shall:
    - (i) Establish and fund the Escrow Account; and
    - (ii) Provide written notice to the government of the Escrow Account number, the funding thereof, and such other information as required pursuant to the agreements.
  - (6) After the Borrower has funded the Escrow Account, the government shall issue Task Order(s) for consultant services in accordance with the terms and conditions of the applicable Retainer Contract.

## Notes

### Authority

Authority: 7 U.S.C. 901-950b; Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 et seq. ).

### Source

Source: 61 FR 48606, Sept. 16, 1996, unless otherwise noted.