§ 33.301 - What does this subpart require?

§ 33.301 What does this subpart require?

(a) The good faith efforts are methods used by all EPA recipients to ensure that DBEs have the opportunity to compete for procurements funded by EPA financial assistance dollars.

(b)

A recipient, including one exempted from applying the fair share objective requirements by § 33.411, is required to make the following good faith efforts whenever

making procurements

procuring construction, equipment, services and supplies under an EPA financial assistance agreement

. (c) Good faith efforts are required

, even if

the

it has achieved its fair share objectives

have been achieved

under subpart D

.

(d) Methods used to adhere to good faith requirements must be documented and retained in the recipient's records; this documentation should include, but is not limited to, email logs, phone logs, electronic searches and communication, handouts, flyers or similar records.

(e) Recipients are required to ensure that the requirements

of this

subpart are passed down to all sub-recipients/prime contractors.

(f) There are no exemptions to the requirements of this subpart.

(g) This subpart does not negate the post federal award requirements set forth in 2 CFR part 200.

(h) The following is a list of actions a recipient must perform to satisfy the good faith effort requirement:

(1

part:

(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities

by

. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.

(

2

b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

(

3

c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs

; this includes, where appropriate, breaking out requirements into economically feasible units to facilitate DBE participation. (4

. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.

(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.

(

5

e)

Effectively using

Use the services

of available minority/women community organizations; minority/women contractors' groups; local, state,

and

Federal minority/women business assistance offices; and other organizations, when feasible, to conduct the efforts described in paragraphs (h)(1) through (4) of this section.

(i) A recipient should make every attempt to conduct the efforts described in paragraphs (h)(1) through (5) of this section. In the event that one or more of the aforementioned efforts cannot be performed, the circumstances that have prohibited the full execution of each step should be documented and retained in the recipient's records. Recipients that fail to meet their fair share goals will not be penalized provided they attempt to follow the good faith efforts and adequately document the methods used to solicit DBEs. However, failure to retain proper documentation may constitute noncompliance and result in remedial action as described in § 33.105.

[81 FR 49550, July 28, 2016]

assistance of the SBA and the Minority Business Development Agency of the Department of Commerce.

(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section.