§ 33.502 - What are the reporting requirements of this part?

§ 33.502 What are the reporting requirements of this part?

(a) Recipients are required to report

MBE and WBE participation

annually on EPA Form 5700-52A when one or more of the following conditions are met.

(1) There are funds budgeted for procurements, including funds budgeted for direct procurement by the recipient or procurement under sub-awards or loans in the “Other” procurement category that exceed the simplified acquisition threshold amount of $150,000;

(2) If at the time of award the budgeted funds for procurement exceed $150,000, but actual expenditures fall below; or

(3) If subsequent amendments and funding cause the total amount of procurement to surpass the $150,000 threshold.

(b) Those

must be reported by all recipients, including those recipients exempted under § 33.411 from the requirement to apply the fair share objectives

are required to report if one or more of the conditions stated above is met. (c)

, on EPA Form 5700–52A. Recipients of Continuing Environmental Program Grants under 40 CFR part 35, subpart A, recipients of Performance Partnership Grants (PPGs) under 40 CFR part 35, subpart B; General Assistance Program (GAP) grants for tribal governments and intertribal consortia; and institutions of higher education, hospitals and other non-profit organizations receiving financial assistance agreements, will report on MBE and WBE participation on an annual basis. All other financial assistance agreement recipients, including recipients of financial assistance agreements capitalizing revolving loan funds, will report on MBE and WBE participation semiannually. Recipients of financial assistance agreements that capitalize revolving loan programs must require entities receiving identified loans to submit their MBE and WBE participation reports on

an annual basis, if one or more of the conditions stated above is met. Reports should be submitted

a semiannual basis to the financial assistance agreement recipient, rather than to EPA.

(d) Where reporting is required, all procurement actions are reportable, not just that portion that exceeds $150,000.

(e) Reporting is not required if at the time of award, funds budgeted for procurements are less than or equal to $150,000 and are maintained below the threshold.

(f) Reports are due by October 30th of each fiscal year, or 30 days after the end of the project period, whichever comes first.

[81 FR 49553, July 28, 2016[73 FR 15913, Mar. 26, 2008, as amended at 79 FR 76054, Dec. 19, 2014]