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Notes

7 C.F.R. §§ 4280.116–4280.120

5 sections in range

§4280.116. Grant applications—general.

7 C.F.R. § 4280.116

(a)
General. Separate applications must be submitted for RES and EEI projects. An original, hardcopy or electronic, of each application is required.
(b)
Application content. Applications for RES projects or EEI projects must contain the information specified in § 4280.118 unless the requirements of either § 4280.119(a) or § 4280.120(a) are met. If the requirements of § 4280.119(a) are met, the application may contain the information specified in § 4280.119(b). If the requirements of § 4280.120(a) are met, the application may contain the information specified in § 4280.120(b). For RES Projects only, the Agency may require a feasibility study based on the scope of the project to the applicant's overall operations, including new facilities with significant impacts on an existing operation, or when the application information or technical report does not provide sufficient documentation and analysis of the project's engineering, technical, financial, or market feasibility, or the economic viability of the project including any feedstock or off-take agreements, that are needed to evaluate whether a project will be successful. The elements of an acceptable feasibility study may vary by project scope and should be prepared by a qualified and independent third party.
(c)
Evaluation of applications. The Agency will evaluate each RES and EEI grant application and make a determination as to whether the application meets the criteria specified in paragraphs (c)(1) through (4).
(1)
The application is complete, as defined in § 4280.103;
(2)
The Applicant is eligible according to § 4280.112;
(3)
The project is eligible according to § 4280.113; and
(4)
The proposed project has technical merit as determined under § 4280.117.
Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.117. Determination of technical merit.

7 C.F.R. § 4280.117

The Agency will determine the technical merit of all proposed projects for which complete applications are submitted under §§ 4280.118, 4280.119, and 4280.120 under this subpart using the procedures specified in this section. Only projects that have been determined by the Agency to have technical merit are eligible for funding under this subpart.
(a)
General. The Agency will use the information provided in the applicant's application and/or technical report to determine whether or not the project has technical merit. In making this determination, the Agency may engage the services of other Government agencies or other recognized industry experts in the applicable technology field, at its discretion, to evaluate and rate the technical report. The technical report can also be provided in the technical feasibility section of the feasibility study, when required, instead of completing a separate technical report.
(b)
Technical report areas. The areas that the Agency will evaluate in the technical reports when making the technical merit determination are specified in paragraphs (b)(1) through (5) of this section.
(1)
EEI whose total project costs are $80,000 or less. The following areas will be evaluated in making the technical merit determination:
(i)
Project description;
(ii)
Qualifications of EEI provider(s); and
(iii)
Vender/Installer certification, energy assessment, or energy audit.
(2)
RES whose total project costs are $80,000 or less. The following areas will be evaluated in making the technical merit determination:
(i)
Project description;
(ii)
Resource assessment;
(iii)
Project economic assessment; and
(iv)
Qualifications of key service providers.
(3)
EEI whose total project costs are greater than $80,000. The following areas will be evaluated in making the technical merit determination:
(i)
Project information;
(ii)
Energy assessment or energy audit; and
(iii)
Qualifications of the contractor or installers.
(4)
RES whose total project costs are less than $200,000, but more than $80,000. The following areas will be evaluated in making the technical merit determination:
(i)
Project description;
(ii)
Resource assessment;
(iii)
Project economic assessment;
(iv)
Project construction and equipment; and
(v)
Qualifications of key service providers.
(5)
RES whose total project costs are $200,000 and greater. The following areas will be evaluated in making the technical merit determination:
(i)
Qualifications of the project team;
(ii)
Agreements and permits;
(iii)
Resource assessment;
(iv)
Design and engineering;
(v)
Project development;
(vi)
Equipment procurement and installation; and
(vii)
Operations and maintenance.
(c)
Pass/Pass with conditions/fail assignments. The Agency will assign each area of the technical report, as specified in paragraph (b) of this section, a “pass,” “pass with conditions,” or “fail.” An area will receive a “pass” if the information provided for the area has no weaknesses and meets or exceeds any requirements specified for the area. An area will receive a “pass with conditions” if the information provided for the area has minor weaknesses which could be conditionalized and reasonably resolved by the applicant. Otherwise, if the information provided for the area is conclusively deemed to be a major weakness or if the area has not been addressed by the applicant, the area will receive a “fail.”
(d)
Determination. The Agency will compile the results for each area of the technical report to determine if the project has technical merit.
(1)
A project whose technical report receives a “pass” in each of the applicable technical report areas will be considered to have “technical merit.”
(2)
A project whose technical report receives a “pass with conditions” in one or more the applicable areas will be considered to have “conditional technical merit.”
(3)
A project whose technical report receives a “fail” in any one technical report area will be considered to be without technical merit.
(e)
Further processing of applications. A project that is determined to have “technical merit” or “conditional technical merit” is eligible for further consideration for funding. Projects with “conditional technical merit” would be subject to funding conditions that would need to be met to ensure full technical merit prior to completion of the project. A project that is determined to be “without technical merit” is considered to be an incomplete application and therefore is not eligible to compete for funding.
Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.118. Grant applications for RES and EEI projects with total project costs of $200,000 and greater.

7 C.F.R. § 4280.118

Grant applications for RES and EEI projects with total project costs of $200,000 and greater must provide the information specified in paragraphs (a) through (c) of this section, as applicable. Each applicant is encouraged, but is not required, to self-score the project using the evaluation criteria in § 4280.121.
(a)
Forms and certifications. Each application must contain the forms and certifications specified in paragraphs (a)(1) through (10), as applicable, of this section, except paragraph (a)(5) is optional.
(1)
Form RD 4280-3C, “Application for Renewable Energy Systems and Energy Efficiency Improvement Projects Total Project Costs of $200,000 or Greater”.
(2)
Form SF-424, “Application for Federal Assistance.”
(3)
Form SF-424C, “Budget Information— Construction Programs.”
(4)
Form SF-424D, “Assurances— Construction Programs.”
(5)
Identify the ethnicity, race, and gender of the applicant. Identify if the borrower is a veteran. This information is optional and is not required for a complete application but may be used by the Agency to award priority points.
(6)
Environmental documentation in accordance with 7 CFR part 1970. The applicant should contact the Agency to determine what documentation is required to be provided.
(7)
The applicant must identify whether or not the applicant has a known relationship or association with an Agency employee. If there is a known relationship, the applicant must identify each Agency employee with whom the applicant has a known relationship.
(8)
Certification that the applicant is a legal entity in good standing (as applicable) and operating in accordance with the laws of the State(s) or Tribe(s) where the applicant has a place of business.
(9)
Certification by the applicant that the equipment required for the project is available, can be procured and delivered within the proposed project development schedule, and will be installed in conformance with manufacturer's specifications and design requirements. This would not be applicable when equipment is not part of the project.
(10)
Certification by the applicant that the project will be constructed in accordance with applicable laws, regulations, agreements, permits, codes, and standards.
(b)
Applicant information. Provide information specified in paragraphs (b)(1) through (4) of this section to allow the Agency to determine the eligibility of the applicant.
(1)
Type of applicant. Eligible applicants must meet the definition of agricultural producer or rural small business as defined in § 4280.103. Agricultural producers seeking funding for a RES or EEI project may apply as either a rural small business or as an agricultural producer, provided they meet the applicable eligibility requirements. The applicant must provide the primary North American Industry Classification System (NAICS) code applicable to the applicant's business concern and certify on the Agency approved application form that they meet the definition of agricultural producer or rural small business. The Agency reserves the right to request supporting documentation to verify applicant eligibility.
(2)
Applicant description. Describe the ownership of the applicant, including the information specified in paragraphs (b)(2)(i) and (ii) of this section as applicable. Include a description of the applicant's farm/ranch/business operation, including how long the applicant has been in operation.
(i)
Describe how the applicant meets the ownership and control requirements as identified in § 4280.112(b).
(ii)
For each entity(ies) it controls or entity(ies) it is controlled by, provide a list of the individual owners with their contact information. Describe the relationship between the applicant and the other entity(ies), including percent ownership and control, management, passive investor ownership, and as applicable products exchanged. Organizational charts to demonstrate structure should be submitted when applicable.
(3)
Financial information. Financial information is required on the total operation of the applicant and all entity(ies) it controls or entity(ies) that control the applicant.
(i)
All financial information (e.g., financial statements, balance sheets, financial projections, income statements) must be submitted in accordance with accounting practices acceptable to the Agency. Such practices can include, but are not limited to, Generally Accepted Accounting Principles (GAAP) and the industry's standard accounting practice.
(ii)
For sole proprietorships and other situations where business assets are held personally, financial statements must be prepared using only the assets and liabilities directly attributable to the business. Assets, plus any improvements must be valued at the lower of cost or market value.
(iii)
The Agency may request additional financial statements, financial models, cash flow information, updated financial statements, and other related financial information to determine the financial feasibility of a Project. Required financial statements:
(A)
Historical financial statements. Provide Agency-acceptable historical balance sheets and income statements the lesser of the last 3 fiscal years or all years of operation.
(B)
Current balance sheet and income statement. Provide a current Agency-acceptable balance sheet and year-to-date income statement dated within 90 days of submission of the complete application.
(C)
Pro forma financial statements. Provide balance sheets, income statements, and cash flow statements or financial model starting from the current financial statements through a minimum of 2 years of the project performing at full operational capacity or stable operations. Financial projections must be supported by a list of assumptions showing the basis for the projections.
(4)
Previous grants and loans. State whether the applicant has received and accepted any grants or guaranteed loan commitments under this subpart or any guaranteed loans under 7 CFR 5001. If the applicant has, identify each such grant award or guaranteed loan commitment and describe the progress the applicant has made on each project for which the grant or loan was received, including projected schedules and actual completion dates.
(c)
Project information. Provide information concerning the proposed project as a whole and its relationship to the applicant's operations, including the following:
(1)
Identification as to whether the project is for a RES or an EEI project. Include a description and the location of the project.
(2)
A description of the process that will be used to conduct all procurement transactions to demonstrate compliance with § 4280.125(a)(1).
(3)
Indicate if the proposed project will have a positive effect on resource conservation (e.g., water, soil, forest), public health (e.g., potable water, air quality), and the environment (e.g., compliance with the U.S. Environmental Protection Agency's (EPA) renewable fuel standard(s), greenhouse gases, emissions, particulate matter).
(4)
Identify the amount of funds and the source(s) the applicant is proposing to use for the project. Provide written commitments for funds at the time the application is submitted to receive points under this scoring criterion.
(i)
If financial resources come from the applicant, documentation may include bank statements that demonstrates availability of funds.
(ii)
If a third party is providing financial assistance, the applicant must submit a commitment letter signed by an authorized official of the third party. The letter must be specific to the project and must identify the dollar amount and any applicable rates and terms. If the third-party commitment is a loan, the commitment must be firm; a letter-of-intent or pre-qualification letter subject to underwriting requirements or contingencies are not acceptable. An acceptable condition may be based on the receipt of the REAP grant or an appraisal.
(d)
Technical report. Each application must contain a technical report prepared in accordance with § 4280.110(g) and Appendix A or C, as applicable, of this subpart.
(e)
Construction planning and performing development. Each application submitted must be in accordance with § 4280.125 for planning, designing, bidding, contracting, and constructing RES and EEI projects as applicable.
Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.119. Grant applications for RES and EEI projects with total project costs of less than $200,000, but more than $80,000.

7 C.F.R. § 4280.119

Grant applications for RES and EEI projects with total project costs of less than $200,000, but more than $80,000, may provide the information specified in this section or, if the applicant elects to do so, the information specified in § 4280.118. In order to submit an application under this section, the criteria specified in paragraph (a) of this section must be met. The content for applications submitted under this section is specified in paragraph (b) of this section. Unless otherwise specified in this subpart, the construction planning and performing development procedures and the payment process that will be used for awards for applications submitted under this section are specified in paragraphs (c) and (d), respectively, of this section.
(a)
Criteria for submitting applications for projects with total project costs of less than $200,000, but more than $80,000. In order to submit an application under this section, each of the conditions specified in paragraphs (a)(1) through (7) of this section must be met.
(1)
The applicant must be eligible in accordance with § 4280.112.
(2)
The project must be eligible in accordance with § 4280.113.
(3)
Total project costs must be less than $200,000, but more than $80,000.
(4)
Construction planning and performing development must be performed in compliance with paragraph (c) of this section. The applicant or the applicant's prime contractor assumes all risks and responsibilities of project development.
(5)
The applicant or the applicant's prime contractor is responsible for all interim financing, including during construction.
(6)
The applicant agrees not to request reimbursement from funds obligated under this program until after project completion and is operating in accordance with the information provided in the application for the project.
(7)
The applicant must maintain insurance as required under § 4280.123(b), except business interruption insurance is not required.
(b)
Application content. Applications submitted under this section must contain the information specified in paragraphs (b)(1) through (4) of this section. Each applicant is encouraged, but is not required, to self-score the project using the evaluation criteria in § 4280.121.
(1)
Forms and certifications. The application must contain the items identified in § 4280.118(a), except that Form RD 4280-3B, “Application for Renewable Energy Systems and Energy Efficiency Improvement Projects Total Project Costs of Less than $200,000, But More Than $80,000” may be used instead of the form noted in § 4280.118 (a)(1). In addition, the applicant must submit a certification that the applicant meets each of the criteria for submitting an application under this section as specified in paragraph (a) of this section.
(2)
Applicant information. The application must contain the items identified in § 4280.118(b), except that the information specified in § 4280.118(b)(3) is not required. The Agency reserves the right to request supporting documentation to verify applicant eligibility.
(3)
Project information. The application must contain the items identified in § 4280.118(c).
(4)
Technical report. Each application must contain a technical report in accordance with § 4280.110(g) and Appendix A or B, as applicable, of this subpart.
(c)
Construction planning and performing development. Applicants submitting applications under this section must comply with the requirements specified in paragraphs (c)(1) through (3) of this section for construction planning and performing development.
(1)
General. Paragraphs (a)(1), (2), and (4) of § 4280.125 apply.
(2)
Small acquisition and construction procedures. Small acquisition and construction procedures are those relatively simple and informal procurement methods that are sound and appropriate for a procurement of services, equipment, and construction of a RES or EEI project with a total project cost of not more than $200,000. The applicant is solely responsible for the execution of all contracts under this procedure, and Agency review and approval is not required.
(3)
Contractor forms. Applicants must have each contractor sign, as applicable:
(i)
Form RD 400-6, “Compliance Statement,” for contracts exceeding $10,000; and
(ii)
Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transactions,” for contracts exceeding $25,000.
(d)
Payment process for applications for RES and EEI projects with total project costs of less than $200,000, but more than $80,000.
(1)
Upon completion of the project, the grantee must submit to the Agency a copy of the contractor's certification of final completion for the project and a statement that the grantee accepts the work completed. At its discretion, the Agency may require the applicant to have an inspector certify that the project is constructed and installed correctly.
(2)
The RES or EEI project must be constructed, installed, and operating as described in the technical report prior to disbursement of funds. For RES, the system must be operating at the steady state operating level described in the technical report for a period of not less than 30 days, unless this requirement is modified by the Agency, prior to disbursement of funds. Any modification to the 30-day steady state operating level requirement will be based on the Agency's review of the technical report and will be incorporated into the Letter of Conditions.
(3)
Prior to making payment, the Agency will be provided with Form RD 1924-9, “Certificate of Contractor's Release,” and Form RD 1924-10, “Release by Claimants,” or similar forms, executed by all persons who furnished materials or labor in connection with the contract.
Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.

§4280.120. Grant applications for RES and EEI projects with total project costs of $80,000 or less.

7 C.F.R. § 4280.120

Grant applications for RES and EEI projects with total project costs of $80,000 or less must provide the information specified in this section or, if the applicant elects to do so, the information specified in either §§ 4280.118 or 4280.119. In order to submit an application under this section, the criteria specified in paragraph (a) of this section must be met. The content for applications submitted under this section is specified in paragraph (b) of this section. Unless otherwise specified in this subpart, the construction planning and performing development procedures and the payment process that will be used for awards for applications submitted under this section are specified in paragraphs (c) and (d), respectively, of this section.
(a)
Criteria for submitting applications for RES and EEI projects with total project costs of $80,000 or less. In order to submit an application under this section, each of the conditions specified in paragraphs (a)(1) through (7) of this section must be met.
(1)
The applicant must be eligible in accordance with § 4280.112.
(2)
The project must be eligible in accordance with § 4280.113.
(3)
Total project costs must be $80,000 or less.
(4)
Construction planning and performing development must be performed in compliance with paragraph (c) of this section. The applicant or the applicant's prime contractor assumes all risks and responsibilities of project development.
(5)
The applicant or the applicant's prime contractor is responsible for all interim financing, including during construction.
(6)
The applicant agrees not to request reimbursement from funds obligated under this program until after the project has been completed and is operating in accordance with the information provided in the application for the project.
(7)
The applicant must maintain insurance as required under § 4280.123(b), except business interruption insurance is not required.
(b)
Application content. Applications submitted under this section must contain the information specified in paragraphs (b)(1) through (4), as applicable. Each applicant is encouraged, but is not required, to self-score the project using the evaluation criteria in § 4280.121.
(1)
Forms and certifications. Each application must contain the forms and certifications specified in paragraphs (b)(1)(i) through (x), as applicable, of this section except that paragraph (b)(1)(v) is optional.
(i)
Form RD 4280-3A, “Application for Renewable Energy Systems and Energy Efficiency Improvement Projects Total Project Costs of $80,000 or Less”.
(ii)
Form SF-424, “Application for Federal Assistance”.
(iii)
Form SF-424C, “Budget Information for Construction Programs”.
(iv)
Form SF-424D, “Assurances for Construction Programs”.
(v)
Identify the ethnicity, race, and gender of the applicant. Identify if the borrower is a veteran. This information is optional and is not required for a complete application but may be used by the Agency to award priority points.
(vi)
Environmental documentation in accordance with 7 CFR part 1970. The applicant should contact the Agency to determine what documentation is required to be provided.
(vii)
Certification by the applicant that—
(A)
The applicant meets each of the applicant eligibility criteria found in § 4280.112. The Agency reserves the right to request supporting documentation to verify applicant eligibility;
(B)
The proposed project meets each of the project eligibility requirements found in § 4280.113;
(C)
The design, engineering, testing, and monitoring will be sufficient to demonstrate that the proposed project will meet its intended purpose;
(D)
The equipment required for the project is available, can be procured and delivered within the proposed project development schedule, and will be installed in conformance with manufacturer's specifications and design requirements. This would not be applicable when equipment is not part of the project;
(E)
The project will be constructed in accordance with applicable laws, regulations, agreements, permits, codes, and standards;
(F)
The applicant meets the criteria for submitting an application for projects with total project costs of $80,000 or less;
(G)
The applicant will abide by the open and free competition requirements in compliance with § 4280.125(a)(1); and
(H)
For bioenergy projects, any and all woody biomass feedstock from National Forest System land or public lands cannot be otherwise used as a higher value wood-based product.
(viii)
State whether the applicant has received any grants and/or guaranteed loans under this subpart, or any guaranteed loans under 7 CFR part 5001. If the applicant has, identify each such grant and/or loan and describe the progress the applicant has made on each project for which the grant and/or loan was received, including projected schedules and actual completion dates.
(ix)
The applicant must identify whether or not the applicant has a known relationship or association with an Agency employee. If there is a known relationship, the applicant must identify each Agency employee with whom the applicant has a known relationship.
(x)
The applicant is a legal entity in good standing (as applicable) and operating in accordance with the laws of the State(s) or Tribe where the applicant has a place of business.
(2)
General. For both RES and EEI project applications:
(i)
Identify whether the project is for a RES or an EEI project;
(ii)
Identify the primary NAICS code applicable to the applicant's operation if known or a description of the operation in enough detail for the Agency to determine the primary NAICS code;
(iii)
Indicate if the proposed project will have a positive effect on resource conservation (e.g., water, soil, forest), public health (e.g., potable water, air quality), and the environment (e.g., compliance with the EPA's renewable fuel standard(s), greenhouse gases, emissions, particulate matter); and
(iv)
Identify the amount of matching funds and other funds and the source(s) the applicant is proposing to use for the project. In order to receive points under this scoring criterion, written commitments for funds (e.g., a Letter of commitment, bank statement) must be submitted when the application is submitted.
(A)
If financial resources come from the applicant, documentation may include a bank statement that demonstrates availability of funds.
(B)
If a third party is providing financial assistance, the applicant must submit a commitment letter signed by an authorized official of the third party. The letter must be specific to the project, identify the dollar amount and any applicable rates and terms. If the third-party commitment is a loan, the commitment must be firm, a letter-of-intent or pre-qualification letter, subject to underwriting requirements or contingencies are not acceptable. An acceptable condition may be based on the receipt of the REAP grant or an appraisal.
(3)
Technical report for EEI. Each EEI application submitted under this section must include a technical report in accordance with § 4280.110(g) and paragraphs (b)(3)(i) through (iv) of this section.
(i)
Project description. Provide a description of the proposed EEI, including its intended purpose and a vendor/installer certification that the EEI project meets the requirements for being commercially available.
(ii)
Qualifications of EEI provider(s). Provide a certification by the vendor/installer that:
(A)
They are qualified to complete the project as intended, including the number of years of experience with the proposed EEI technology. Any contractor or installer with less than 2 years of experience may be required to provide additional information in order for the Agency to determine if they are a qualified installer/contractor.
(B)
The EEI system will operate and perform over the project's useful life in a reliable and cost-effective manner; and
(iii)
Energy assessment. Provide a copy of the energy assessment (or energy audit) performed for the project as required under Section C of Appendix A to this subpart and the qualifications of the person which completed the energy assessment.
(iv)
Simple payback. Provide an estimate of simple payback, including all calculations, documentation, and any assumptions.
(4)
Technical report for RES. Each RES application submitted under this section must include a technical report in accordance with § 4280.110(g) and paragraphs (b)(4)(i) through (iv) of this section.
(i)
Project description. Provide a description of the project, including its intended purpose and a vendor/installer certification that the RES project meets the requirements for being commercially available. Appendix B contains instructions for how a project is to be constructed and installed. Identify the project's location and describe the project site.
(ii)
Resource assessment. Provide vendor/installer certified projections on energy to be replaced and/or generated once the proposed system is operating at its steady state operating level, including the quality and availability of the renewable resource to the project. If there is a residence closely associated with the RES project, include the historical amount of energy used by the residence and the historical amount of energy used by the agricultural operation or rural small business, as applicable, to satisfactorily demonstrate 50% or more of proposed generation will benefit the agricultural operation or rural small business;
(iii)
Project economic assessment. Describe the projected financial performance of the proposed project. The description must address total project costs, revenues accrued from the sale or crediting of energy, quantity and value of energy offset, and revenue from byproducts. Include applicable investment and other production incentives and indicate if they are a one time or reoccurring incentive. Provide an estimate of simple payback, including all calculations, documentation, and any assumptions; and
(iv)
Qualifications of key service providers. Provide a certification by the vendor/installer that:
(A)
They are qualified to complete the project as intended, including the number of similar systems installed previously and any professional credentials, licenses, and relevant experience. If specific numbers are not available for similar systems, you may submit an estimation of the number of similar systems; and
(B)
The RES system will operate and perform over the project's useful life in a reliable and cost-effective manner.
(c)
Construction planning and performing development for applications submitted under this section. All applicants submitting applications under this section must comply with the requirements specified in paragraphs (c)(1) through (3) of this section for construction planning and performing development.
(1)
General. Paragraphs (a)(1), (2), and (4) of § 4280.125 apply.
(2)
Small acquisition and construction procedures. Small acquisition and construction procedures are those relatively simple and informal procurement methods that are sound and appropriate for a procurement of services, equipment and construction of a RES or EEI project with a total project cost of not more than $80,000. The applicant is solely responsible for the execution of all contracts under this procedure, and Agency review and approval is not required.
(3)
Contractor forms. Applicants must have each contractor sign, as applicable:
(i)
Form RD 400-6, “Compliance Statement” for contracts exceeding $10,000; and
(ii)
Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion lower Tier Covered Transactions” for contracts exceeding $25,000.
(d)
Payment process for applications for RES and EEI projects with total project costs of $80,000 or less.
(1)
Upon completion of the project, the grantee must submit to the Agency a copy of the contractor's certification of final completion for the project and a statement that the grantee accepts the work completed. At its discretion, the Agency may require the applicant to have an inspector certify that the project is constructed and installed correctly.
(2)
The RES or EEI project must be constructed, installed, and currently be operating as described in the technical report prior to disbursement of funds. For RES, the system must be operating at the steady state operating level described in the technical report for a period of not less than 30 days, unless this requirement is modified by the Agency, prior to disbursement of funds. Any modification to the 30-day steady state operating level requirement will be based on the Agency's review of the technical report and will be incorporated into the Letter of Conditions.
(3)
Prior to making payment, the grantee must provide the Agency with Form RD 1924-9 and Form RD 1924-10, or similar forms, executed by all persons who furnished materials or labor in connection with the contract.
Notes, amendments, and revision history

Source

Source: 86 FR 22309, Apr. 27, 2021, unless otherwise noted.

Authority

Authority: 7 U.S.C. 1989(a), 7 U.S.C. 2008s.

Source

Source: 70 FR 41303, July 18, 2005, unless otherwise noted.