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Federal Register / Vol . 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15919
<br /> (b) A recipient must be notified in § 33.303 Are there special rules for loans assistance agreement for the benefit of
<br /> writing by its prime contractor prior to under EPA financial assistance Native Americans , is required to solicit
<br /> any termination of a DBE subcontractor agreements ? and recruit Indian organizations and
<br /> for convenience by the prime contractor. A recipient of an EPA financial Indian-owned economic enterprises and.
<br /> (c) If a DBE subcontractor fails to assistance agreement to capitalize a give them preference in the award
<br /> complete work under the subcontract revolving loan fund , such as a State process prior to undertaking the six
<br /> for any reason, the recipient must under the CWSRF or DWSRF or an good faith efforts . If the efforts to solicit
<br /> require the prime contractor to employ eligible entity under the Brownfields and recruit Indian organizations and
<br /> the six good faith efforts described in Cleanup Revolving Loan Fund program, Indian - owned economic enterprises is
<br /> § 33 . 301 if soliciting a replacement must require that borrowers receiving not successful , then the recipient must
<br /> subcontractor. identified loans comply with the good follow the six good faith efforts .
<br /> (d) A recipient must require its prime faith efforts described in § 33 . 301 and Native Americans are defined in
<br /> contractor to employ the six good faith the contract administration ( d)( d) N to include American Indians ,
<br /> efforts described in § 33 . 301 even if the requirements of § 3 . 302 . This provision Eskimos , Aleuts and Native Hawaiians ,
<br /> prime contractor has achieved its fair does not require that such private and
<br /> share objectives under subpart D of this nonprofit borrowers expend identified Subpart D—Fair Share Objectives
<br /> part, loan funds in compliance with any
<br /> (e) A recipient must require its prime other procurement procedures § 336401 What does this subpart require?
<br /> contractor to provide EPA Form 6100– contained in 40 CFR part 30 , part 31 , or
<br /> 2—DBE Program Subcontractor part 35 , subpart O , as applicable . A recipient must negotiate with the
<br /> Participation Form to all of its DBE appropriate EPA award official or his /
<br /> subcontractors . EPA Form 61004! gives § 33.304 Must a Native American (either as her designee , fair share objectives for
<br /> a DBE subcontractor the opportunity to an individual , organization, Tribe or Tribal MTBE and WBE participation in
<br /> describe the work the DBE Government) recipient or prime contractor procurement under the financial
<br /> follow the six good faith efforts? assistance agreements ,
<br /> subcontractor received from the prime
<br /> contractor , how much the DBE (a) A Native American ( either as an
<br /> subcontractor was paid and any other individual , organization , corporation , § 33,402 Are there special rules for loans
<br /> concerns the DBE subcontractor might Tribe or Tribal Government) recipient or under EPA financial assistance
<br /> have , for example reasons why the DBE prime contractor must follow the six agreements?
<br /> subcontractor believes it was terminated good faith efforts only if doing so would A recipient of an EPA financial
<br /> by the prime contractor. DBE not conflict with existing Tribal or assistance agreement to capitalize
<br /> subcontractors may send completed Federal law , including but not limited revolving loan funds must either apply
<br /> copies of EPA Form 6100-2 directly to to the Indian Self-Determination and its own fair share objectives negotiated
<br /> the appropriate EPA DBE Coordinator . Education Assistance Act (25 L S . C. with EPA under § 33.401 to identified
<br /> ( f) A recipient must require its prime 450e) , which establishes , among other loans using in a substantially similar
<br /> contractor to have its DBE things , that any federal contract,
<br /> arded relevant geographic market, or negotiate
<br /> subcontractors complete EPA Form subcontract, grant, or subgrant aw
<br /> 6100-3—DBE Program Subcontractor to Indian organizations or for the benefit separate fair share objectives with
<br /> Performance Form . A recipient must of Indians , shall require preference in entities receiving identified loans , as
<br /> then require its prime contractor to the award of subcontracts and subgrants long as such separate objectives are
<br /> include all completed forms as part of to Indian organizations and to Indian- based on demonstrable evidence of
<br /> the prime contractor' s bid or proposal owned economic enterprises . availability of MBEs and WBEs in
<br /> package . (b ) Tribal organizations awarded an accordance with this subpart. If
<br /> (g) A recipient must require its prime EPA financial assistance agreement have procurements will occur over more than
<br /> contractor to complete and submit EPA the ability to solicit and recruit. Indian one year , the recipient may choose to
<br /> Form 6100-4—DBE Program organizations and Indian -owned apply the fair share objective in place
<br /> Subcontractor Utilization Form as part economic enterprises and give them either for the year in which the
<br /> of the prime contractor' s bid or proposal preference in the award process prior to identified loan is awarded or for the
<br /> package . undertaking the six good faith efforts . year in which the procurement action
<br /> (h) Copies of EPA Form 6100-2-1313E Tribal governments with promulgated occurs. The recipient must specify this
<br /> Program Subcontractor Participation tribal laws and regulations concerning choice in the financial assistance
<br /> Form , EPA Form 6100-3—DBE Program the solicitation and recruitment of agreement, or incorporate it by reference
<br /> Subcontractor Performance Form and Native-owned and other minority therein.
<br /> EPA Form 6100-4—DBE Program business enterprises , including women-
<br /> Subcontractor Utilization Form may be owned business enterprises , have the § 33.403 What is a fair share objective?
<br /> obtained from EPA OSDBU ' s Home Page discretion to utilize these tribal laws A fair share objective is an objective
<br /> on the Internet or directly from EPA and regulations in lieu of the six good based on the capacity and availability of
<br /> OSDBU , faith efforts , If the effort to recruit qualified , certified MBEs and WBEs in
<br /> (f) A recipient must ensure that each Indian organizations and Indian-owned the relevant geographic market for the
<br /> procurement contract it awards contains economic enterprises is not successful , procurement categories of construction,
<br /> the term and condition specified in the then the recipient must follow the six equipment , services and supplies
<br /> Appendix concerning compliance with good faith efforts . All. tribal recipients cmared to the number of all qualified
<br /> the requirements of this part, A still must retain records documenting entities in the same market for the same
<br /> recipient must also ensure that this term compliance in accordance; with § 33 . 501 procurement categories , adjusted , as
<br /> and condition is included in each and must report to EPA on their
<br /> procurement contract awarded by an accomplishments in accordance with appropriate , to reflect the level of MBE
<br /> entity receiving an identified loan under § 33 .502 . and WBE participation expected absent
<br /> a financial assistance agreement to (c) Any recipient , whether or not the effects of discrimination. A fair
<br /> capitalize a revolving loan fund , Native American , of an EPA financial share objective is not a quota.
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