Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 40 - Protection of Environment |
Chapter I - Environmental Protection Agency |
SubChapter B - Grants and Other Federal Assistance |
Part 33 - Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs |
Subpart D - Fair Share Objectives |
§ 33.408 - May a recipient use race and/or gender conscious measures as part of this program?
Latest version.
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§ 33.408 May a recipient use race and/or gender conscious measures as part of this program?
(a) Should the good faith efforts described in subpart C of this part or other race and/or gender neutral measures prove to be inadequate to achieve an established fair share objective, race and/or gender conscious action (e.g., apply the subcontracting suggestion in § 33.301(hc)(3) to MBEs and WBEs) is available to a recipient and its prime contractor to more closely achieve the fair share objectives, subject to § 33.409. Under no circumstances are race and/or gender conscious actions required by EPA.
(b) Any use of race and/or gender conscious efforts must not result in the selection of an unqualified MBE or WBE.
[73 FR 15913, Mar. 26, 2008, as amended at 81 FR 49552, July 28, 2016]