Section 4280.119 - Grant applications for RES and EEI projects with total project costs of less than $200,000, but more than $80,000Grant 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.As amended at 81 FR 11052, 3/2/2016; 86 FR 22309, 7/26/2021