|
Federal Register / Vol , 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15907
<br /> been met. Finally , this rule provides for unique nature of eligible recipients . this requirement for recipients receiving
<br /> three new forms which are required if Superfund. Technical Assistance Grants grants or loans of $ 250 ,000 or less for
<br /> there are DBE subcontractors involved (TAG' s ) would be exempt due to the any single assistance agreement or loan,
<br /> in a procurement. nature of their funding cycles . A or of more than one financial assistance
<br /> 4 . Negotiation of Fair Share Coals (and recipient under the Clean Water State agreement or loan with a combined total
<br /> $250, 000 Exemptions) Revolving Fund , the Drinking Water of $ 250 , 000 or less in EPA funds in any
<br /> State Revolving Fund , and the one year.
<br /> This rule codifies EPA 's procedures Brown£ields Clean-Up Revolving Loan
<br /> for negotiating fair share goals with Fundis not required to apply the fair 6. New Requirement for Tribal and
<br /> financial assistance recipients . The share objective requirements to an entity Trust Territory Fair Share Negotiations
<br /> process for such negotiations is receiving an identified loan in an EPA does not current) negotiate fair
<br /> currently implemented through amount of $250 , 000 or less . y g
<br /> guidance , as well as through terms and share goals with Indian Tribal
<br /> conditions incorporated into EPA 5 . Recordkeeping and Reporting Government and Trust Territory
<br /> financial assistance agreements . This Requirements recipients , This rule will require such
<br /> rulemaking keeps the current basic Currently , all financial assistance recipients to negotiate fair share goals .
<br /> approach , with some fine tuning , agreement recipients must report on a Therefore , under the rule such
<br /> including a provision which would quarterly basis , except for recipients of recipients will. have a three year phase-
<br /> exempt a recipient of a financial continuing environmental program in period to adjust to the regulatory
<br /> assistance agreement of $ 250 , 000 or less grants , and institutions of higher change . In the interim , they will still
<br /> for any assistance agreement , or of more education , hospitals and other non have to comply with the other
<br /> than one financial assistance agreement profit organizations receiving financial requirements of this rule ,
<br /> with a combined total of $ 250 ,000 or assistance awards under 40 CFR part 30 , A . Summary of Response to Public
<br /> less in EPA funds in any one year , from who report on an annual basis . This rule Comments
<br /> the fair share objective negotiation will reduce the reporting frequency to
<br /> requirement. In addition , eligible semi-annually for all recipients who Excluding changes in wording to
<br /> program grants which can be included currently report on a quarterly basis , increase clarity , there are only four
<br /> in Performance Partnership Grants to This rule also requires all financial substantive changes reflected in this
<br /> Tribal and Tribal consortia recipients assistance recipients , and recipients of final rule , Those changes , along with a
<br /> will be exempt from the fair share loans under CWSRF , DWSRF , or BCRLF breakdown of the number and type of
<br /> negotiation requirement due to the Programs to create and maintain a comments received, are below:
<br /> nature of these program grants and the bidders list. There is an exemption from Number of Comments Received : 126
<br /> Primary areas of public concern Number of Percent of
<br /> comments all comments
<br /> Certification . . . .. . . . .. . . . .. . ... . ... . . . . . . . . . . . . . .. . . . . . . . .. . .. . . . . .. . . . . . .. . . . . . . . .. . . . . . . . . . . .
<br />. . . .. . . . . .. .. . . . . . . . . .. . . . . . . .. . .. . . . . . . .. . . . . .. . .. . .. . . . . . . . .. . . . . . . .... . . 23 18
<br /> General (wording and clarification)
<br /> . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . .. . . . . . . . .. . .. . . . . . . . . . . . . . . . . . .. . . . . .
<br />. . . . ... . .. . . . . . . . .. .... ... .. . .. . .. . . .. .. : 16 i 13
<br /> GoodFaith Efforts . .. . . . .. . .. . . . . .. . . . . . . . . .. . . . . . . . . ... . .. . .. . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . .
<br />. . . . .. . . . . . . . .. . . .. . .. . ... . . . . .. . .. . . . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . 14 11
<br /> SubcontractingProvisions . . . . . . . . . .. . . .. . . . . . . . . . .. .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . .. .. . . . . . .. . .. ... . . .
<br />. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .. . . . . .. . .. .. . . . 12 9
<br /> BiddersList . . . .. . . . .. .. .. . . ... . . . .. . . . .. . . . .. . .. . . . . . . ... .. . . . . . . . . . . . . . . . . . . . . . ... . . . . .. . . . . . . .
<br />. . . . .. . . . . . . . . . . . . . .. .. . 11 9
<br /> Major Revisions Based on Public recipient . In an effort to curtail the non-MBE/WBEs . The bidders list is
<br /> Comment (not including wording or practice of excessively late designed to also aid recipients in their
<br /> clarification ): subcontractor payments , the rule efforts to comply with the "six good
<br /> 1 , § 33 . 105—Enforcement Provisions establishes maximum of 30 days by faith efforts , " by creating a source of
<br /> which a prime contractor must pay its MBEs and WBEs that can be relied upon
<br /> There were several comments subcontractor , after payment by the to increase the inclusion of MBEs and
<br /> concerning enforcement of the rule . A grant recipient . WBEs in the recipient 's procurement
<br /> number of comments stated that there 3 : § 33 . 501—Bidders List practices . Section 33 . 501 (b) of the rule
<br /> are no " teeth " in the program and that has been revised. to read as follows :
<br /> more policing of the program will be Many comments were received A recipient of a Continuing Environmental
<br /> needed to insure compliance with the requesting clarification about the Program Grant or other annual grant must
<br /> requirements of the rule . While the text contents , purpose and duration of the create and maintain a bidders list. In
<br /> of the rule mentions that EPA can take bidders list, The purpose of the Bidders addition , a recipient of an EPA financial
<br /> remedial action for non-compliance , it List is to provide the recipient and assistance agreement to capitalize a revolving
<br /> does not clear) state what those actions loan fund also must require entities receiving
<br /> Y entities receiving identified loans who identified loans to create and maintain a
<br /> are . In an effort to show more "teeth , " conduct competitive bidding with a bidders list if the recipient of the loan is
<br /> this section has been revised to include more accurate database of the universe subject to , or chooses to follow , competitive
<br /> some of the remedial measures EPA can of MBE/WBE and non-MBE/WBE prime bidding requirements . The purpose of a
<br /> take if a recipient fails to comply with and subcontractors . The bidders list is bidders list is to provide the recipient and
<br /> the requirements of the rule , intended to be a list of all firms that are entities receiving identified loans who
<br /> 2 . § 33 . 302—Subcontractor Provisions participating , or attempting to conduct competitive bidding with as accurate
<br /> participate , on EPA assisted contracts , a database as possible about the universe of
<br /> MBEIPublic comment requested that EPA The list must include all firms that bid subroWBE
<br /> and nhe list )WBE prime and
<br /> q subcontractors . The list must include all
<br /> specify the number of days within on prime contracts , or bid or quote on firms that bid or quote on primo contracts or
<br /> which a prime must pay its subcontracts under EPA assisted bid or quote on subcontracts under EPA
<br /> subcontractor after payment by the projects , including both MBE/WBEs and assisted projects , including both. MBE/WBEs
<br />
|