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MBE/WBE Utilization

Policy Goal

The policy goal of the MBE/WBE Programs is to assure that minority business enterprises (MBE) and woman business enterprises (WBE) are given the opportunity to participate in contract and procurement for supplies, construction, equipment and services under any EPA grant or cooperative agreement.

The Policy applies to all contracts/procurement for supplies, construction equipment and services under any EPA grant or cooperative agreement.

Authority

A. Fair Share Goals

B. Negotiations of Fair Share Goals

C. Good Faith Efforts

D. Documentation/Reporting

Good Faith Efforts

Good faith efforts are activities by a recipient or its prime contractor to increase MBE/WBE awareness of procurement opportunities through race/gender neutral efforts.

EPA offers the following examples to assist recipients and prime contractors in carrying out the good faith efforts.

(1) Ensure MBE/WBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and local Government recipients, this will include placing MBE/WBEs on solicitation lists and soliciting them whenever they are potential sources.

(a) Maintain and update a listing of qualified MBE/WBEs that can be solicited for construction, equipment, services and/or supplies.

(b) Provide listings to all interested parties who request copies of the bidding or proposing documents.

(c) Contact appropriate sources within your geographic area and State to identify qualified MBE/WBE for placement on your MBE/WBE business listings.

(d) Utilize other MBE/WBE listings such as those of the State=s Minority Business Office, the Small Business administration, Minority Business Development Agency (MBDA) of the Department of Commerce, EPA OSDBU, and DOT.

(e) have State environment agency personnel review solicitation lists.

(2) Make information of forthcoming opportunities available to MBE/WBEs and arrange time for contracts and establish delivery schedules, where 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.

(a) Develop realistic delivery schedules which may provide for greater MBE/WBE participation.

(b) Advertise through the minority media in order to facilitate MBE/WBE utilization. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project.

(c) Advertise in general circulation publications, trade publications, State agency publications and minority and women=s business focused media concerning contracting opportunities on your projects. Maintain a list of minority and/or women=s business-focused publications that may be utilized to solicit MBE/WBEs.

(3) Consider in the contracting process whether firms competing for large contracts could subcontract with MBE/WBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities in order to increase opportunities for participation by MBE/WBEs in the competitive process.

(a) Perform an analysis to identify portions of work that can be divided and performed by qualified MBE/WBEs.

(b) Scrutinize the elements of the total project to develop economical units of work that are within the bonding range of MBE/WBEs.

(c) Conduct meetings, conferences, and follow-ups with MBE/WBE associations and minority media to inform these groups of opportunities to provide construction, equipment, services ad supplies.

(4) Encourage contracting with a consortium of MBE/WBEs when a contract is too large for one of these firms to handle individually.

(a) Notify MBE/WBEs of future procurement opportunities so they may establish bidding solicitations and procurement plans.

(b) Provide MBE/WBE trade organizations with succinct summaries of solicitations.

(c) Provide interested MBE/WBEs with adequate information about plans, specifications, timing and other requirements of the proposed projects.

(5) Use the services and assistance of the SBA and the MBDA.

(a) Use the services of outreach programs sponsored by the MBDA and/or the SBA to recruit bona fide firms for placement on DBE bidders lists to assist these firms in the development of bid packaging.

(b) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying MBE/WBEs for potential work opportunities on projects

(6) If the prime contractor awards subcontracts, require the prime contractor to take the steps in subparagraphs (1)-(5) of this section.

Documentation/Reporting

Recipients are required to maintain the records documenting compliance with requirements including documentation of its and its prime contractor=s good faith efforts and data relied upon in formulating its fair share objectives.

In addition, a recipient of a Continuing Environmental Program Grant (e.g., a State) or other annual grant would be required to create and maintain a bidders list. Such a list must only by kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant.

All recipients of continuing environmental program grants, institutions of higher education, hospitals and other non-profit organizations are required to report to EPA within 30 days following the end of each Federal fiscal year except for State and local government recipients who will report on an annual basis.

EPA requires that a recipient report the total amount of financial assistance spent on procurement and the amount awarded to an MBE or WBE on EPA Form 5700- 52A.


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| New National Term on Suspension and Debarment | Tips On Writing a Grant Proposal | Sample Indirect Cost Proposal Format For Nonprofit Organizations | EPA Organization Chart | Grant Award Activity Summary | Historical Information | OMB Circulars | Cross-Cutting Public Policies | Lobbying and Litigation | The Federal Grant and Cooperative Agreement Act of 1977 | Catalog of Federal Domestic Assistance | Competition for Assistance Agreements | MBE/WBE Utilization | Overview of the Award Document and Terms and Conditions | Use of a Universal Identifier by Grant Applicants | Responsibilities - Award Phase | Assistance Agreement Payment Process | Purchasing Supplies, Equipment and Services Under EPA Grants | Indirect Costs | Best Practices Guide for Conferences | Glossary | Accessibility | Return to the Grants and Debarment Home Page |


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