7 CFR §1753.11
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The borrower must obtain RUS approval before execution of any amendment to a contract if
- (1)The amendment alters the terms and conditions of the contract or changes the scope of the project covered by the contract regardless of the amount of the contract before amendment,
- (2)The amendment increases the amount to be paid under the contract by 20% or more, or
- (3)The amendment causes an unbonded contract to require a contractor's performance bond. This would occur when a contract that is executed in an amount below that requiring a performance bond by 7 CFR part 1788, subpart C, is amended to an amount above that amount.
- (b)Advance RUS approval to execute other contract amendments is not required. These amendments may be submitted to RUS at any time prior to closeout. If a borrower wishes to receive an advance of funds based on an amended contract amount (i.e., amendments that increase a contract by less than 20%), the borrower may initiate an increase in the amount approved for advance by submitting three copies of the amendment to RUS for approval.
- (c)For each amendment executed, the borrower shall make certain that:
- (1)The contractor's bond covers the additional work to be performed. If the amendment by itself (or together with preceding amendments) increases the original contract price by 20% or more, a bond extension will be required to bring the penal sum of the bond to the total amended contract price.
- (2)If an amendment covers construction in a county or state not included in the original contract, the borrower and contractor are licensed to do business in that location.
- (d)Upon execution of any amendment that causes the amended contract amount to exceed the original contract amount by 20% or more, three copies of the amendment shall be submitted to RUS for approval.