DOT 49 CFR PART 22-2010 SHORT-TERM LENDING PROGRAM (STLP).pdf

1、200 49 CFR Subtitle A (10110 Edition) Pt. 22 (ii) The State may not discriminate against eligible persons in making relocation payments and in providing relocation advi-sory assistance where relocation is neces-sitated by highway right-of-way acquisi-tions. (iii) Federal-aid contractors may not dis-

2、criminate in their selection and retention of first-tier subcontractors, and first-tier sub-contractors may not discriminate in their selection and retention of second-tier sub-contractors, who participate in Federal-aid highway construction, acquisition of right- of-way and related projects, includ

3、ing those who supply materials and lease equipment. (iv) The State may not discriminate against the traveling public and business users of the federally assisted highway in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recr

4、eation, and vehicle servicing) constructed on, over or under the right-of-way of such highways. (v) Neither the State, any other persons subject to this part, nor its contractors and subcontractors may discriminate in their employment practices in connection with highway construction projects or oth

5、er projects assisted by the Federal Highway Ad-ministration. (vi) The State shall not locate or design a highway in such a manner as to require, on the basis of race, color, or national origin, the relocation of any persons. (vii) The State shall not locate, design, or construct a highway in such a

6、manner as to deny reasonable access to, and use thereof, to any persons on the basis of race, color, or national origin. (3) Urban Mass Transportation Administra-tion. (i) Any person who is, or seeks to be, a patron of any public vehicle which is oper-ated as a part of, or in conjunction with, a pro

7、ject shall be given the same access, seat-ing, and other treatment with regard to the use of such vehicle as other persons without regard to their race, color, or national ori-gin. (ii) No person who is, or seeks to be, an em-ployee of the project sponsor or lessees, con-cessionaires, contractors, l

8、icensees, or any organization furnishing public transpor-tation service as a part of, or in conjunction with, the project shall be treated less favor-ably than any other employee or applicant with regard to hiring, dismissal, advance-ment, wages, or any other conditions and benefits of employment, o

9、n the basis of race, color, or national origin. (iii) No person or group of persons shall be discriminated against with regard to the routing, scheduling, or quality of service of transportation service furnished as a part of the project on the basis of race, color, or na-tional origin. Frequency of

10、 service, age and quality of vehicles assigned to routes, qual-ity of stations serving different routes, and location of routes may not be determined on the basis of race, color, or national origin. (iv) The location of projects requiring land acquisition and the displacement of persons from their r

11、esidences and businesses may not be determined on the basis of race, color, or national origin. (b) Obligations of the airport operator(1) Tenants, contractors, and concessionaires. Each airport operator shall require each tenant, contractor, and concessionaire who provides any activity, service, or

12、 facility at the air-port under lease, contract with, or franchise from the airport, to covenant in a form spec-ified by the Administrator, Federal Aviation Administration, that he will comply with the nondiscrimination requirements of this part. (2) Notification of beneficiaries. The airport operat

13、or shall: (i) Make a copy of this part available at his office for inspection during normal working hours by any person asking for it, and (ii) conspicuously display a sign, or signs, furnished by the FAA, in the main public area or areas of the airport, stating that discrimination based on race, co

14、lor, or national origin is prohibited on the airport. (3) Reports. Each airport owner subject to this part shall, within 15 days after he re-ceives it, forward to the Area Manager of the FAA Area in which the airport is located a copy of each written complaint charging dis-crimination because of rac

15、e, color, or na-tional origin by any person subject to this part, together with a statement describing all actions taken to resolve the matter, and the results thereof. Each airport operator shall submit to the area manager of the FAA area in which the airport is located a report for the preceding y

16、ear on the date and in a form prescribed by the Federal Aviation Ad-ministrator. 35 FR 10080, June 18, 1970, as amended by Amdt. 211, 38 FR 5875, Mar. 5, 1973; Amdt. 21 3, 40 FR 14318, Mar. 31, 1975 PART 22SHORT-TERM LENDING PROGRAM (STLP) Subpart AGeneral 22.1 Purpose. 22.3 Definitions. Subpart BPo

17、licies applying to STLP loans 22.11 Eligibility criteria. 22.13 Loan terms and conditions. 22.15 Delinquency on Federal, State, and Municipal debt. 22.17 Compliance with child support obliga-tions. 22.19 Credit criteria. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00210 Fmt 8010 Sfmt

18、8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-201 Office of the Secretary of Transportation 22.3 Subpart CParticipating Lenders 22.21 Participation criteria. 22.23 Agreements. 22.25 Lend

19、er deliverables and delivery schedule. 22.27 Eligible reimbursements to partici-pating lenders. 22.29 DOT access to participating lender files. 22.31 Suspension or revocation of eligibility to participate. 22.33 Termination of participation in the STLP. Subpart DLoan Application Process 22.41 Applic

20、ation procedures. 22.43 Approvals and denials. 22.45 Allowable fees to borrowers. Subpart ELoan Administration 22.51 Loan closings. 22.53 Loan monitoring Section 8(a) Program participant; HUBZONE Empowerment Contracting Program; VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00211 Fmt 80

21、10 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-202 49 CFR Subtitle A (10110 Edition) 22.11 and Service-Disabled Veteran Program (SDV). Participating Lender (PL) is a bank or other

22、 lending institution that has agreed to the terms of a cooperative agreement and has been formally ac-cepted into the STLP by DOT OSDBU. Small and disadvantaged business (SDB) includes 8(a); small disadvan-taged business; women-owned business, HubZone, and service-disabled veteran- owned business. S

23、ocially and economically disadvan-taged individual has the same meaning as stated in 49 CFR 26.5. Technical assistance means service provided by the Participating Lender to the DBE or SDB that will enable the DBE or SDB to become more capable of managing its transportation-related contracts. Technic

24、al assistance can be provided by collaborating with agen-cies that offer small business manage-ment counseling such as the SBA, the U. S. Department of Commerces Mi-nority Business Development Centers (MBDCs), the Service Corps of Retired Executives (SCORE), Procurement Technical Assistance Centers

25、(PTACs), and Small Business Development Cen-ters (SBDCs). Transportation-related contract means a contract, subcontract, or purchase order, at any tier, for the maintenance, rehabilitation, restructuring, improve-ment, or revitalization of any of the nations modes of transportation that receive DOT

26、funding. Work-out means a plan that offers op-tions to avoid loan default or collateral foreclosure and/or liquidation that is intended to resolve delinquent loans or loans in imminent default, which may include, but not limited to: deferring or forgiving principal or interest, reduc-ing the borrowe

27、rs interest rate, ex-tending the loan maturity and the gov-ernment guarantee to the Partici-pating Lender, or postponing collection action. Subpart BPolicies Applying to STLP Loans 22.11 Eligibility criteria. (a) Eligible Borrower. To be eligible to apply for a STLP loan guarantee, a borrower must m

28、eet the following re-quirements: (1) Be a for-profit entity; (2) Have an eligible transportation- related contract; (3) Demonstrate an eligible use for the desired credit; (4) Be an established business with experience in the transportation indus-try and trade for which the STLP loan is sought; (5)

29、Be certified as a DBE or have an-other eligible certification issued by the SBA; and (6) Be current on all federal, state, and local tax liabilities. (b) Eligible Transportation-Related Contract. Any fully-executed transpor-tation-related contract, subcontract, or purchase order held directly with D

30、OT or with grantees and recipients receiving federal funding from DOT for the maintenance, rehabilitation, re-structuring, improvement or revital-ization of any of the nations modes of transportation shall be considered an eligible contract. (c) Eligibility Period. A borrower is eli-gible for partic

31、ipation in the STLP for a period up to a total of five (5) years. The STLP renewal is not automatic. The borrower has to demonstrate its continued eligibility and creditworthi-ness for STLP and must submit a com-plete application package. (1) The continued eligibility of any borrower who would excee

32、d the period limit in paragraph (c) of this section will be determined on a case-by-case basis by the OSDBU Director and is subject to the following provisions: (i) The STLP loan guarantee may be reduced; and (ii) The STLP loan interest rate may be increased. (2) Should any borrower currently in the

33、 STLP become ineligible per para-graph (a) of this section during the term of a STLP loan, the failure to comply with a specific requirement must be brought to the immediate at-tention of all remaining parties. (3) Borrower ineligibility may result in a termination of the current guar-antee. 22.13 L

34、oan terms and conditions. (a) Amount. The maximum face amount for an individual STLP loan may not exceed seven hundred and fifty thousand ($750,000) dollars, unless the VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PRO

35、D with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-203 Office of the Secretary of Transportation 22.13 requested increased amount is author-ized by the OSDBU Director. (b) Interest Rates. All STLP loans shall have a variable interest rate. (1)

36、 Initial Interest Rate. The base rate guideline for STLP loans is the prime rate in effect on the first business day of the month in which the STLP loan guarantee is approved by DOT OSDBU. The prime rate is the rate printed in a national financial newspaper published each business day. The Participa

37、ting Lender may increase the base rate by the maximum allowable percentage points currently allowed by STLP poli-cies and procedures and as commu-nicated in subsequent DOT OSDBU no-tices. (2) Frequency of Change. The first change may occur on the first calendar day of the month following the initial

38、 loan disbursement, using the above base rate in effect on the first business day of the month. Subsequent interest rate changes may occur no more than monthly. (c) Loan Structure and Term. A STLP loan shall be set up as a revolving line of credit. The line permits the bor-rower to request principal

39、 advances, pay them back, and then re-borrow, not to exceed the face value of the line of credit. Participating Lenders are re-quired to provide DOT OSDBU written notification of the activation date of each line of credit under the STLP. The term of the Federal guarantee of the line of credit commen

40、ces on the ac-tivation date. (d) Repayment. Interest payments must be made monthly. The principal of the loan is repaid as payment from approved accounts receivable are re-ceived by the Participating Lender through a joint payee check system. The assigned contract supporting the STLP loan is the pri

41、mary source of re-payment. (e) Use of Loan Proceeds. STLP loans must be used to finance short-term working capital needs, specifically di-rect costs generated by the assigned contract. Proceeds may not be used for the following purposes: (1) For long term working capital; (2) To repay delinquent Sta

42、te or Fed-eral withholding taxes, local taxes, sales taxes or similar funds that should be held in trust or escrow; and/or (3) To provide funds for the distribu-tion or payment to the owners, part-ners or shareholders of the business; and/or (4) To retire short or long-term debt. (f) Non-compliance

43、by the DBE in using the STLP loan for purposes not consistent with these regulations will result in a non-renewal of the STLP loan and in forfeiture of the STLP loan guarantee to the PL on any ineligible principal advances requested by the borrower and made by the PL. (g) Disbursements. STLP funds m

44、ay only be released to an eligible borrower upon the submission and verification of a valid written accounts receivable in-voice, showing labor and/or materials amounts due for completed work on the contract. The Participating Lender must verify the accuracy of the invoice with the paying transporta

45、tion govern-ment agency, if the borrower is a prime contractor, and/or with the prime con-tractor, if the borrower is a subcon-tractor. This verification must be ob-tained by the Participating Lender prior to advancing funds. No more than 85% of an approved accounts receivable invoice shall be advan

46、ced to the bor-rower by the Participating Lender. (1) Processing time. Disbursement of STLP funds to the borrower should be accomplished within three (3) business days of an accounts receivable invoice approval by the paying agency and/or prime contractor. (2) Electronic funds transfer. If the disbu

47、rsement of STLP funds is being sent to the borrower through a local Participating Lender, the disbursement should be made by electronic funds transfer with the preferred method of payment being the Automated Clearing House (ACH) system. (3) Wire transfers. Wire transfers can be used if the ACH syste

48、m is not avail-able or if a same day disbursement is required. (4) Joint payee check system. A two- party payee check system is required in which the Participating Lender and the borrower will be the co-payees of any checks paid to the borrower for performance under the assigned con-tract. Alternati

49、ve payment methods must have prior written approval by DOT OSDBU. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-204 49 CFR Subtitle A (10110 Edition) 22.15 (h) Personal Guarantees. Individuals who own at least a 20% ownership in-terest in the borrow