|
Federal Register / Vol. 73 , No, 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15915
<br /> requirement impractical , including a (c) Wholly or partly suspending or properly certified as required by this
<br /> specific proposal addressing how the terminating the current award ; or subpart.
<br /> recipient intends to achieve the (d) Withholding further awards for the (b ) EPA 's DBE Program is primarily
<br /> objectives of this part as described in project or program, based on two statutes . Public Law 102—
<br /> § 33 , 101 , The request must show that; 389 , 42 U. S . C. 4370d , provides for an
<br /> ( 1 ) There is a reasonable basis to § 83.106 What assurances must EPA 8 % objective for awarding contracts
<br /> conclude that the recipient could financial assistance recipients obtain from under EPA financial assistance
<br /> achieve a level of MBE and WBE their contractors?
<br /> The recipient must ensure that each agreements to business concerns or
<br /> tr
<br /> participation consistent with the other organizations owned or controlled
<br /> objectives of this part using different or Procurement contract it awardscontains by socially and economically
<br /> innovative means other than those that the term and condition specified in disadvantaged individuals , including
<br /> are provided in subparts C or D of this Appendix e with
<br /> this part concerning HBCUs and women ("EPA 's 8 %
<br /> part, compliance th the requirements of statute " ) , Title X of the Clean Air Act
<br /> this part, The recipient must also ensure
<br /> ( 2) Conditions in the recipient' s p P Amendments of 1990 , 42 U . S . C . 7601
<br /> urisdic#ion areappropriate far that this term and. condition is included
<br /> 1note , provides fora 90 % objective for
<br /> implementing therequest; and in each procurement contract awarded
<br /> P g by an entity receiving an identified loan awarding contracts under EPA financial
<br /> ( 3 ) The request is consistent with under a financial assistance agreement assistance agreements for research
<br /> applicable law .
<br /> ( c) The OSDBU Director has the to capitalize a revolving loan fund , relating to such amendments to businessconcerns or other
<br /> organizations owned
<br /> authority to approve a recipient's § 33.107 What are the rules governing and controlled by socially and
<br /> request, If the OSDBU Director grants a availability of records, cooperation , and economically disadvantaged individuals
<br /> recipient' s request, the recipient may intimidation and retaliation ? ("EPA ' s 10% statute " ) ,
<br /> administer its program as provided in ( a) Availability of records. ( 1 ) In
<br /> the request, subject to the following responding to requests for information § 33.202 Now does an entity qualify as an
<br /> MBE or WBE under EPA's 6% statute?
<br /> conditions :
<br /> concerning any aspect of EPA ' s DBE Touali as an MBE or WBE under
<br /> ( 1 ) The recipient's level of MBE and Program , EPA complies with the °
<br /> WBE participation continues to be provisions of the Federal Freedom of EPA , q s e /° statute , an entity must
<br /> consistent with the objectives of this Information. and Privacy Acts ( 5 U . S , G . establish that it is owned or controlled
<br /> by socially and economically
<br /> Part; 552 and 552a) . EPA may make available
<br /> (2) There is a reasonable limitation on to the public any information disadvantaged individuals who are of
<br /> the duration of the recipient 's modified concerning EPA 's DBE Program release goad character and citizens of the
<br /> program ; and of which is not prohibited by Federal United States . An entity need not
<br /> ( 3 ) Any other conditions the OSDBU law or regulation , including EPA's demonstrate potential for success .
<br /> Director makes on the grant of the Confidential Business Information (a) Ownership or control .
<br /> waiver , regulations at 40 CFR part 2 , subpart B . Ownership " and " control " shall have
<br /> (d) The OSDBU Director may end a (2 ) EPA recipients shall safeguard the same meanings as set forth in 13
<br /> program waiver at any time upon notice from disclosure to unauthorized persons CFR 124 . 105 and 13 CFR 124 . 9061
<br /> to the recipient and require a recipient information that may reasonably be respectively. (See also 13 CFR 124 . 109
<br /> to comply with the provisions of this considered as confidential business for special rules applicable to Indian
<br /> part. The OSDBU Director mail also information , consistent with Federal , tribes and Alaska Native Corporations ;
<br /> extend the waiver if he or she state , and local law . 13 CFR 224 * 110 for special rules
<br /> determines that all requirements of (b) Cooperation . All participants in applicable to Native Hawaiian
<br /> paragraphs (b) and (c ) of this section EPA 's DBE Program are required to Organizations) .
<br /> ( b) Socially disadvantaged individual.
<br /> continue to be met. Any such extension cooperate fully and promptly with EPA ,
<br /> A socially disadvantaged individual
<br /> shall be for no longer than the period EPA Private Certifiers and EPA a
<br /> originally set for the duration of the recipients in reviews , investigations , Person who has been subjected to racial
<br /> program waiver. and other requests for information, or ethnic prejudice or cultural bias
<br /> Failure to do so shall be a ground for because of his or her identity as a
<br /> § 33105 What are the compliance and appropriate action a against thepartymember of a group without regard to his
<br /> enforcement provisions of this part? g or her individual qualities and as
<br /> I in accordance with § 33 . 105 .
<br /> If a recipient fails to comply with any (c) Intimidation and retaliation . A further defined by the implementing
<br /> of the requirements of this part , EPA regulations e section 8 (a ) ( 5) of the
<br /> recipient, contractor , or any other
<br /> may take remedial action under 40 CFR participant in EPA 's DBE Program must Small Business Act (al U13S . C . 637 ( a) (
<br />5 ) ;
<br /> parts 30 , 31 or 35 , as appropriate , or any not intimidate , threaten , coerce , or 13 CFR 124 . 103 ; see also 13
<br /> CFR
<br /> other action authorized by lave , discriminate against any individual or 124, 109 for special rules applicable to
<br /> including ,but not limited to , Indian. tribes and Alaska Native
<br /> firm for the purpose of interfering with
<br /> enforcement under 18 U, S , C , 1001 and/ any right or privilege secured by this Corporations ; 13 CFR 124 . 110 for
<br /> or the Program Fraud Civil Remedies part, Violation of this prohibition shall special rules applicable to Native
<br /> Act of 1986 ( 31 U . 6 , C. 3801 et seq.) , be a ground for appropriate action Hawaiian Organizations) .
<br /> Examples of the remedial actions under against the party involved in accordance ( c) Economically disadvantaged
<br /> 40 CFR parts 30 , 31 , and 35 include , but individual. An economically
<br /> with § 33105
<br /> are not limited to : . , disadvantaged individual is a socially
<br /> ( a) Temporarily withholding cash Subpart S—Certification disadvantaged individual whose ability
<br /> payments pending correction of the to compete in the free enterprise system
<br /> deficiency by the recipient or more § 31201 What does this subpart require? is impaired due to diminished capital
<br /> severe enforcement action by EPA; (a) In order to qualify and participate and credit opportunities , as compared to
<br /> (b) Disallowing all or part of the cost as an MBE or WBE prime or , others in the same business area who
<br /> of the activity or action not in subcontractor for EPA recipients under are not socially disadvantaged and as
<br /> compliance ; EPA' s DBE Program , an entity must be further defined by section 8 (a) (6 ) of the
<br />
|