§ 33.410 - Can a recipient be penalized for failing to meet its fair share objectives?

§ 33.410 Can a recipient be penalized for failing to meet its fair share objectives?

A recipient cannot be penalized, or treated by EPA as being in noncompliance with this subpart, solely because its MBE or WBE participation does not meet its applicable fair share objective. However, EPA may take remedial action under 2 CFR 200.338, as appropriate, or any other action authorized by law § 33.105 for a recipient's failure to comply with other provisions of this part, including, but not limited to, enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) for failure to comply with the provisions of this subpart.

[81 FR 49552, July 28, 2016]

the good faith efforts requirements described in subpart C of this part.