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U.S.C. § 1352. Each tier shall also disclose any lobbying with non- <br /> Federal funds that takes place in connection with obtaining any Federal <br /> award. Such disclosures are forwarded from tier to tier up to the <br /> recipient. <br /> (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES,WOMEN'S BUSINESS <br /> ENTERPRISES,AND LABOR SURPLUS AREA FIRMS <br /> A. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure <br /> goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following <br /> affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus <br /> area firms are used whenever possible: <br /> (1) Placing qualified small and minority businesses and women's business <br /> enterprises on solicitation lists; <br /> (2) Assuring that small and minority businesses, and women's business <br /> enterprises are solicited whenever they are potential sources; <br /> (3) Dividing total requirements,when economically feasible, into smaller tasks or <br /> quantities to permit maximum participation by small and minority businesses, and women's business <br /> enterprises; <br /> (4) Establishing delivery schedules, where the requirement permits,which <br /> encourage participation by small and minority businesses, and women's business enterprises; <br /> (5) Using the services and assistance, as appropriate,of such organizations as <br /> the Small Business Administration and the Minority Business Development Agency of the Department of <br /> Commerce;and <br /> (6) Requiring the prime contractor, if subcontracts are to be let,to take the <br /> affirmative steps listed in paragraphs(1)through (5)of this section. <br /> B. The requirement outlined in subparagraph A. above, sometimes referred to as <br /> 'socioeconomic contracting,'does not impose an obligation to set aside either the solicitation or award of <br /> a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and <br /> document the six affirmative steps identified above. <br /> C. The"socioeconomic contracting" requirement outlines the affirmative steps that the <br /> Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional <br /> steps to involve small and minority businesses and women's business enterprises. <br /> D. The requirement to divide total requirements,when economically feasible, into <br /> smaller tasks or quantities to permit maximum participation by small and minority businesses, and <br /> women's business enterprises,does not authorize the Sub-Recipient to break a single project down into <br /> smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to <br /> utilize streamlined acquisition procedures(e.g. "project splitting"). <br /> 25 <br /> P67 <br />