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Federal Register / Vol . 73 , No . 59 / Wednesday , March. 26 , 2008 / Rules and Regulations 15921
<br /> § 33 ,410 Cana recipient be penalized for objectives will not apply to an Insular ( 3) The procurement on which the
<br /> failing to meet Its fair share objectives? Area or Indian Tribal Government entity bid or quoted , and when ; and
<br /> A recipient cannot be penalized , or recipient until three calendar . years after (4) Entity's status as an MBE/WBE or
<br /> treated by EPA as being in the effective date of this part . non-MBE/WBE4
<br /> noncompliance with this subpart , solely Furthermore , in accordance with (c) Exemptions . A recipient of an EPA
<br /> because its MBE or WBE participation § 33 .411 (c ) ,
<br /> tribal and intertribal At assistance agreement in the
<br /> does not meet its applicable fair share consortia recipients of program grants amount of $ 250 , 000 or less for any
<br /> objective , However , EPA may take which can be included in Performance single assistance agreement , or of more
<br /> remedial action under § 33 , 105 for a Partnership Grants (PPGs) under 40 CFR than one financial assistance agreement
<br /> recipient's failure to comply with other part 35 , subpart B are not required to with a combined total of 6250 ,000 or
<br /> provisions of this part, including , but apply the fair share objective less in any one fiscal year , is exempt
<br /> not limited to , the good faith efforts requirements of this subpart to such from the paragrapb (b) of this section
<br /> requirements described in subpart C of grants , requirement to create and maintain a
<br /> bidders list. Also , a recipient under the
<br /> this part. Subpart E—Recordkeeping and CWSRF , DWSRF , or BCRLF Program. is
<br /> § 33.411 Who may be exempted from this Reporting not required to apply the paragraph (b)
<br /> subpart? of this section bidders list requirement
<br /> (a ) General. A recipient of an EPA § 33.501 What are the recardkeeping of this subpart to an entity receiving an
<br /> financial assistance agreement in the
<br /> requirements of this part? identified loan in an amount of
<br /> , including i A recientin
<br /> amount. of $ 250 , 000 or less for any (a) P g those $ 250 ,000 or less , or to an entity
<br /> single assistance agreement, or of more recipients exempted under § 33 . 411 receiving more than one identified loan.
<br /> than one financial assistance agreement from the requirement to apply the fair with a combined total of $ 250 ,000 or
<br /> with a combined total of $ 250 , 000 or share objectives , must maintain all less in any one fiscal year . This
<br /> less in any one fiscal year, is not records documenting its compliance exemption is limited to the paragraph
<br /> required to apply the fair share objective with the requirements of this part , (b) of this section bidders list
<br /> including documentation of its , and its requir
<br /> exemption is limited to the fair share ements of. this subpart
<br /> requirements of this subpart. This .
<br /> prime contractors ' , nand faith efforts
<br /> and data relied upon in formulating its § 33.502 What are the reporting
<br /> objective requirements of this subpart.
<br /> (b) Clean Water State Revolving Fund fair share objectives . Such records must requirements of this part?
<br /> (CI41SRF) Program , Drinking Water State be retained in accordance with MBE and WBE participation must be
<br /> Revolving Fund (DWSRF) Program , and applicable record retention reported by all recipients , including
<br /> Brownfields Cleanup Revolving Loan requirements for the recipient' s those recipients exempted under
<br /> financial assistance agreement . § 33 . 411 from the requirement to apply
<br /> Fund (BCRLF) Program Identified Loan
<br /> Recipients. A recipient wader the (b) A recipient of a Continuing the fair share objectives , on EPA Form
<br /> CWSRF , DWARF , or Bt andRLF Program is Environmental Program Grant or other 5700-52A , Recipients of Continuing
<br /> not required, Dto apply the fair share annual grant must create and maintain Environmental Program Grants under 40
<br /> PP y a bidders list. In addition , a recipient of CFR part 35 , subpart A ; recipients of
<br /> objective requirements of this subpart n an EPA financial assistance agreement Performance Partnership Grants (PPGs)
<br /> an entity receiving an identified loan in to capitalize a revolving loan fund also under 40 CFR part 35 , subpart B ;
<br /> an amount of $250 ,000 or less or to an must require entities receiving General Assistance Program (GAP)
<br /> entity receiving more than one identified loans to create and maintain grants for tribal governments and
<br /> identified Loan with a combined total of of the
<br /> a bidders list if the recipient loan
<br /> $ 250 ,000 or less in any one fiscal year. P intertribal consortia ; and institutions of
<br /> is subject to , or chooses to follow , higher education , hospitals and other
<br /> This exemption is limited to the fair competitive bidding requirements , See
<br /> share objective requirements of this P g q ( non-profit organizations receiving
<br /> subpart . e.g. , § 33 . 303 ) . The purpose of a bidders financial assistance agreements under
<br /> fist is to provide the recipient and 40 CFR part 30 , will report on MBE and
<br /> (c) Tribal and Intertribal Consortia entities recipients of program grants which can ties receiving identified loans who WBE
<br /> participation on an annual basis .
<br /> conduct competitive bidding with as
<br /> be included in Performance Partnership p g All other financial assistance agreement
<br /> Grants (PPGs) under 40 CFR Part 35, accurate a database as possible about the recipients , including recipients of
<br /> Subpart B. Tribal and Intertribal universe of MBE/WBE and non-MBE/ financial assistance agreements
<br /> consortia recipients of PPG eligible WBE prime and subcontractors , The list capitalizing revolving loan funds , will
<br /> grants are not required to apply the fair must include all firms that bid or quote report on MBE and WBE participation
<br /> share objective requirements of this on prime contracts , or bid or quote semiannually . Recipients of financial
<br /> subpart to those grants . This exemption subcontracts on EPA assisted projects , assistance agreements that capitalize
<br /> is limited to the fair share objective including both MBE/WBEs and non- revolving loan programs must require
<br /> requirements of this subpart . MBE/WBEs , The bidders list must only entities receiving identified loans to
<br /> (d) Technical Assistance Grant (TAG) be kept until the grant project period submit their MBE and WBE
<br /> Program Recipients. A recipient of a
<br /> has expired and the recipient is no participation reports on a semiannual
<br /> longer receiving EPA fundingunder the
<br /> TAG is not required to apply the fair g g basis to the financial assistance
<br /> grant. Far entities receiving identified agreement recipient, rather than to EPA.
<br /> share objective requirements of this
<br /> tion is loans , the bidders list must only be kept
<br /> subpart to that grant. This axem
<br /> P until the project period for the § 33 .503 How does a recipient calculate
<br /> limited to the fair share .objective identified loan has ended. The MBE and WBE participation for reporting
<br /> requirements of this subpart. following information must he obtained purposes?
<br /> § 33.412 Must an Insular Area or Indian from all prime and subcontractors ; (a) General, Only certified MBEs and
<br /> Tribal Government recipient negotiate fair ( 1 ) Entity ' s name with point of WBEs are to be counted towards MBE/
<br /> share objectives? contact WBE participation. Amounts of MBE
<br /> The requirements in this subpart ( 2) Entity ' s mailing address , telephone and WBE participation are calculated as
<br /> regarding the negotiation of fair share number , and e-mail address ; a percentage of total financial assistance
<br />
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