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15918 Federal Register / Vol , 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations
<br /> § 33.210 Does an entity certified as an if the Director determines that there was or deceitful statements or
<br /> MBE or WEE by EPA need to keep EPA good cause , beyond. the control of the representations , or indicates a serious
<br /> informed of any changes which may affect appellant or challenger , for the late lack of business integrity or honest
<br /> the entity's certification? Y
<br /> filing of the appeal or challenge , may be subject to sanctions under
<br /> ( a ) An entity certified as an MBE or ( d) No specific format is required for §33t105 .
<br /> WBE by EPA OSDBU must provide EPA an appeal or challenge , However , the
<br /> OSDBU , every year on the anniversary appeal or challenge must include Subpart C— Good Faith Efforts
<br /> of the date of its certification , an information and, arguments concerning
<br /> affidavit sworn to by the entity 's owners why EPA OSDBU ' s MBE or WBE § 33.301 What does this subpart require?
<br /> before a person who is authorized by A recipient , including one exempted
<br /> P certification determination should be
<br /> state law to administer oaths or an reversed . For challenges in which a from applying the fair share objective
<br /> unsworn declaration executed under third party questions EPA OSDBU ' s requirements by § 33 .417 , is required to
<br /> penalty of perjury of the laws of the determination to certify an entity as an make the following good faith efforts
<br /> United States , This affidavit must affirmM$E or WBE under § 33 . 205 or § 33 . 209 , whenever procuring construction ,
<br /> that there have been no changes in the the third party must also send a copy of equipment ,
<br /> EPA financialtservices
<br /> assistance plies under
<br /> entity ' s circumstances affecting its the challenge to the entity whose MBE even if it has achieved its fair share
<br /> ability to meet disadvantaged status , or WBE certification is being evenobjeii it under subpart D of this arty
<br /> ownership , and/or control requirements questioned. In addition , the Director (a) Ensure DBEs are made aware of
<br /> of this subpart or any material changes shall request information and arguments contracting o ortunities to the fullest
<br /> in the information provided in its from that entity as to why EPA OSDBU' s o PP
<br /> a lication form , Failure to com ly ma extent practicable through outreachIndian
<br /> T and
<br /> PP P Y determination to certify the entity as an recruitment activities . For Indidian Tribal ,
<br /> result in the loss of MBE or WBE MBE or WBE should be upheld. State and Local and Government
<br /> certification An entunder
<br /> EPA' s
<br /> asBE anMBE or ( e) The Director makes his/her appeal recipients , this will include placing
<br /> Y or challenge decision based solely on DBEs on solicitation lists and solicitin
<br /> WBE by EPA OSDBU must inform EPA the administrative record and does not them whenever they are potential g
<br /> OSDBU in writing of any change in conduct a hearing . The Director may sources ,
<br /> circumstance affecting the MBE ' s or supplement the record by adding _ (b ) Make information on forthcoming
<br /> WBE ' s ability to meet disadvantaged relevant information made available by opportunities available to DBEs and
<br /> status , ownership , and/or control any other source , including the EPA arrange time frames for contracts and
<br /> requirements of this subpart or any Office of Inspector General; Federal , establish delivery schedules , where the
<br /> material change in the information State , or local law enforcement requirements permit, in a wev that
<br /> provided in its application form . The authorities ; an EPA recipient ; or a encourages and facilitates participation
<br /> MBE or WBE must attach supporting private party . by DBEs in the competitive process ,
<br /> Y describing in detail the ( f) Consistent with Federal law , the This includes , whenever possible ,
<br /> nature of such change . The notice from Director shall make available , upon the posting solicitations for bids or
<br /> the MBE or WBE must take the form of request of the appellant , challenger or proposals for a minimum of 30 calendar
<br /> an affidavit sworn to by the applicant the entity affected by the Director ' s days before the bid or proposal closing
<br /> before a person who is authorized by appeal or challenge decision , any date .
<br /> State law to administer oaths or of an supplementary information the Director ( c) Consider in the contracting process
<br /> unsworn declaration executed under receives from any source as described in whether firms competing for large
<br /> penalty of perjury of the laws of the paragraph (e) of this section . contracts could subcontract with DBEs ,
<br /> United States . The MBE or WBE must (g) Pending the Director ' s appeal or For Indian Tribal , State and local
<br /> provide the written notification within challenge decision , EPA OSDBU' s MBE Government recipients , this will include
<br /> 30 calendar days of the occurrence of or WBE certification determination dividing total requirements when
<br /> the change , remains in effect , The Director does not economically feasible into smaller tasks
<br /> stay the effect of its MBE or WBE or quantities to permit maximum
<br /> §33*211challgihat in EPArocesMBE os for appealing certification determination while ha/ she paticipation by DBEs in the
<br /> WBE
<br /> certification determination ? is considering an appeal or challenge , competitive process .
<br /> (a) An entity which has been denied (h ) The Director shall reverse EPA ( d) Encourage contracting with a
<br /> MBE or WBE certification be EPA OSDBU' s MBE or WBE certification consortium of DBEs when a contract is
<br /> OSDBU under § 33 . 205 or § 3EPA may determination only if there was a clear too large for one of these firms to handle
<br /> appeal that denial . A third party may and significant error in the processing of individually .
<br /> challenge EPA OS. A third
<br /> determination the certification or if EPA OSDBU failed (e ) Use the services and assistance of
<br /> n entity as an MBE or WBE to consider a significant material fact the SBA and the Minority Business
<br /> to certify a
<br /> under § 33n e it § 33 n M contained within the entity 's Development Agency of the. Department
<br /> application for MBE or WBE of Commerce .
<br /> (b) Appeals and challenges must be certification . (f) If the prime contractor awards
<br /> sent to the Director of OSDBU at ( i ) All decisions under this section are subcontracts , require the prime
<br /> Environmental Protection Agency , 1200 administratively final . contractor to take the steps in
<br /> Pennsylvania Avenue , NW . , Mail Code paragraphs (a) through (e) of this
<br /> 1230T , Washington , DC 20460 . § 33 .212 What conduct is prohibited by section .
<br /> (c) The appeal or challenge must be this subpart?
<br /> sent to the Director of OSDBU (Director) An entity that does not meet the § 33.302 Are there any additional contract
<br /> within 90 days of the date of EPA eligibility criteria of this subpart may administration requirements ?
<br /> OSDBU' s MBE or WBE certification not attempt to participate as an MBE or (a) A recipient must require its prime
<br /> determination . The Director may accept WBE in contracts awarded under EPA contractor to pay its subcontractor for
<br /> an appeal or challenge filed later than financial assistance agreements or be satisfactory performance no more than
<br /> 90 days after the date of EPA OSDBU's counted as such by an EPA recipient. 30 days from the prime contractor' s
<br /> MBE or WBE certification determination An entity that submits false , fraudulent , receipt of payment from the recipient,
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