§ 33.402 - Are there special rules for loans under EPA financial assistance agreements?

§ 33.402 Are there special rules for loans under EPA financial assistance agreements?

(a)

A recipient of an EPA financial assistance agreement to capitalize revolving loan funds must either

: (1) Apply

apply its own fair share objectives negotiated with EPA under § 33.401 to identified loans using a substantially similar relevant geographic market

; (2) Negotiate

, or negotiate separate fair share objectives with entities receiving identified loans, as long as such separate objectives are based on demonstrable evidence of availability of MBEs and WBEs in accordance with this subpart

; or (3) Use the approved fair share objective of another recipient with the same or similar relevant geographic buying market, with the same or similar items

.

(b)

If procurements will occur over more than one year, the recipient

should

may choose to apply the fair share

objectives to

objective in place either for the year in which the identified loan is awarded or for the year in which the procurement action occurs.

[81 FR 49551, July 28, 2016]

The recipient must specify this choice in the financial assistance agreement, or incorporate it by reference therein.