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Federal Register / Vol. 73 , No . 59 / Wednesday , March 26 , 2008 / Rules and Regulations 15917 form of an unsworn declaration application for certification. EPA (v) Obtain a statement from the entity executed under penalty of perjury of the OSDBU will issue a written decision to of the type of work it prefers to perform laws of the United States . The the entity setting forth EPA OSDBU's for EPA recipients under the DBE application must include evidence reasons for disapproval . Program and its preferred locations for demonstrating that the entity is owned (e) Evaluation standards . ( 1 ) An performing the work, if any ; and Or controlled by one or more individuals entity ' s eligibility shall be evaluated on (vi) Obtain or compile a list of the claiming disadvantaged status under the basis of present circumstances . An equipment owned by or available to the EPA ' s 8 % statute or owned and entity shall not be. denied certification entity and the licenses the entity and its controlled by one or more individuals based solely on historical information key personnel possess to perform the claiming disadvantaged status under indicating a lack of ownership and/ or work it seeks to do for EPA recipients EPA ' s 10 % statute , along with control of the firm by socially and under the DBE Program , certifications or narratives regarding the economically disadvantaged individuals disadvantaged status of such at some. time in the past, if the entity § 33.206 Is there a list of certified MBEs individuals . In addition , the application currently meets the ownership and/or and WBEs? must include documentation of a denial control standards of this subpart, EPA OSDBU will maintain a List of of certification by a Federal agency , ( 2 ) Entities seeking MBE or WBE certified MBEs and WBEs on EPA State government , local government , certification shall cooperate fully with 05DBU 's Home Pae on the Internet. Indian Tribal government , or requests for information relevant to the g Any interested person may also obtain independent private organization , if certification process . Failure or refusal applicable, a copy of the list from EPA OSDBU , p to provide such information is a ground Application processing. EPA for denial of certification. OSDBU will advise each applicant § 33.207 Can an entity reapply to EPA for within 15 days , whenever practicable , (3 ) In making its certification MBE or WBE certification ? after receipt of an application whether determination , EPA OSDBU may An entity which has been denied the application is complete and suitable consider whether an entity has exhibited a pattern of conduct MBE or WBE certification may reapply for evaluation and , if not, what indicating its involvement in attempts for certification at any time 12 months additional information or action is or more after the date of the most recent required . EPA OSDBU shall make its to evade or subvert the intent or determination by EPA OSDBU to certification decision within 30 days of requirements of the DBE Program . decline the application . receipt of a complete and suitable (4) EPA OSDBU shall not consider the application package , whenever issue of whether an entity performs a § 33208 Mow long does an MBE or WBE practicable . The burden is on the commercially useful function in making certification from EPA last? applicant to demonstrate that Chase its certification determination.Consideration of whether an entity Once EPA OSDBU certifies an entity y individuals claiming disadvantaged to be an MBE or WBE by placing it on status own or control the entity under performs a commercially useful the EPA OSDBU list of certified MBEs EPA 's 8 % statute or own and control the function or is a regular dealer pertains and WBEs specified in § 33 . 206 , the entity under EPA 's 1Q % statutee solely to counting toward MBE and entity will generally remain on the list (c) Ownership and/or control WBE objectives as provided in subpart for a period of three years ears from the date determination . EPA OSDBU first will E of this part. of its certification . To remain an the list determine whether those individuals (5 ) Information gathered as t of the after three years , an entity must submit claiming disadvantaged status own or certification process that may a new application and receive a new control the applicant entity under EPA's reasonably be regarded as proprietary or certification. 8 % statute or own and control the other confidential business information applicant entity under EPA's 1. 0 % will be safeguarded from disclosure to § 33.209 Can EPA re-evaluate the MBE or statute . If EPA OSDBU determines that unauthorized persons , consistent with WBE status of an entity after EPA certifies the applicant does not meet the applicable Federal , State , and local law . It to be an MBE or WBE? ownership and/or control requirements (6) To assist in making EPA O SDBU' s (a) EPA OSDBU may initiate a of this subpart, EPA OSDBU will issue certification determination , EPA certification determination whenever it a written decision to the entity rejecting OSDBU itself may take the following receives credible information calling the application and set Forth the reasons steps : into question an entity ' s eligibility as an for disapproval . (i ) Perform an on-site visit to the P ( d) Disadvantaged determination . offices of the entity , Interview the MBE or WBE. Upon its completion of acertification determination , EPA Once EPA OSDBU determines whether principal officers of the entity and OSDBU will issue a written an applicant meets the ownership and/ review their resumes and/or work determination regarding the MBE or or control requirements of this subpart, histories . Perform an on-site visit to WBE status of the questioned entity . EPA OSDBU will determine whether the local job sites if there are such sites on applicable disadvantaged status which the entity is working at the time (b) If EPA OSDBU finds that the entity requirements under EPA ' s 81% or io % of the certification investigation . does not qualify as an MBE or WBE , statute have been met. If EPA OSDBU Already existing site visit reports may EPA OSDBU will decertify the entity as determines that the applicable be relied upon in making the an MBE or WBE , and immediately disadvantaged status requirements have certification ; remove the entity from the EPA OSDBU been met, EPA OSDBU shall notify the (ii) if the entity is a corporation , list of certified MBEs and WBEs. applicant that it has been certified and analyze the ownership of stock in the ( c) If EPA OSDBU finds that the entity place the MBE or WBE on EPA entity ; continues to qualify as an MBE or WBE , OSDBU 's list of qualified MBEs and (iii ) Analyze the bonding and the determination remains in effect for WBEs . If EPA OSDBU determines that financial capacity of the entity; three years from the date of the decision the applicable disadvantaged status (iv) Determine the work history of the under the same conditions as if the requirements have not been met, EPA entity , including contracts it has entity had been granted MBE or WBE OSDBU will reject the entity ' s received and work it has completed; certification under § 33 .205 .