c
MEMORANDUM
SUBJECT:

FROM:
Gary
M..
Katz,
Director
New
Interim
MBE/
WBE
Terms
and
Conditions
TO:
Grants
Management
Ofices
Attached
are
two
new
MBEIWBE
terms
and
conditions
which
will
be
included
in
all
new
assistance
agreements
except
fellowship
agreements
and
agreements
with
foreign
entities,
Indian
Tribes
and
Trust
Territories.
One
of
these
terms
and
conditions
applies
to
Clean
Air
Act
Amendments
of
1990
Assistance
Agreements;
the
other
applies
to
Non
Clean
Air
Act
Amendments
of
1990
Assistance
Agreements.
Both
of
these
terms
and
conditions
are
effective
February
26,
1998.

Attachments
For
Clean
Air
Act
Amendments
of
1990
Assistance
Agreements
For
State
ReciDients
gotiated
a
"
Fair
Share"
objective
far
FY
1998,
include
the
ions
in
assistance
agreements:

A's
Program
for
Utilization
of
Small,
Minority
and
Women's
Business
ent
under
assistance
programs,
the
recipient
agrees
to:

a)
Except
as
provided
in
paragraphs
(
f)
and
(
g)
below,
ensure
to
the
fbllest
extent
possible
that
at
least
(
insert
the
FY
1997
"
fair
share"
percentage)
of
Federal
funds
for
prime
contracts
or
subcontracts
for
supplies,
construction,
equipment
or
services
are
made
available
to
organizations
owned
or
controlled
by
socially
and
economically
disadvantaged
individuals,
women,
disabled
Americans,
historically
black
colleges
and
universities,
colleges
and
universities
having
a
student
of
the
students
are
Hispanic,
minority
hstitutions
having
a
minority
and
voluntary
organitations
controlled
by
individuals
ntaged.
This
rate
may
be
subject
to
change
based
upon
b)
Except
as
provided
in
paragraphs
(
f)
and
(
g)
below,
include
in
its
bid
documents
`
Yfair
share"
objectives
of
(
insert
the
FY
1997
fair
share
percentage)
and
require
all
of
its
prime
contractors
to
include
in
their
bid
documents
for
subcontracts
the
(
insert
the
FY
1997
fair
share
percentage)
fair
share
percentages.

c)
Follow
the
six
affirmative
steps
stated
in
40
CFR
30.44(
b)
or
40
CFR
3
1.36(
e),
as
appropriate.

d)
Submit
an
EPA
Form
5700­
52A,
"
MBE/
WBE
Utilization
Under
Federal
Grants,
Cooperative
Agreements,
and
Interagency
Agreements"
to
the
EPA
Award
Ofiicial
beginning
with
the
Federal
fiscal
year
quarter
the
recipient
receives
the
award
and
continuing
until
the
project
is
completed.
These
reports
must
be
submitted
to
the
award
official
within
30
days
of
the
end
of
the
Federal
fiscal
quarter
(
January
30,
April
30,
July
30
and
October
30)
except
for
assistance
awards
for
Continuing
Environmental
Programs
which
must
be
submitted
to
the
EPA
Award
Official
by
October
3
e)
In
the
event
race
andor
gender
neutral
efforts
prove
to
be
inadequate
to
achieve
a
fair
share
objective
for
MBE/
WBEs,
the
recipient
agrees
to
noti8
EPA
in
advance
of
any
race
andlor
gender
conscious
action
it
plans
to
take
to.
more
closely
achieve
the
fair
share
objective.

1
!
uz/:
4/
Y8
TUE
12:
23
FAX
202
260
1828
­
EPAGRANTS
OPS
,

For
State
Recipients
(
continued)

have
FY
1998
"
fair
share"
negotiations
based
on
availability
completed
Coordinator
by
March
3
1,
1998.
An
availability
analysis
based
ority
and
women­
owned
businesses
to
do
the
work
in
the
on,
services,
equipment
and
supplies
supporting
the
proposed
e
submitted
to
the
(
insert
the
EPA
Ml3EmE
Coordinator)
by
ted
by
March
3
1,1998,

g)
Once
"
fair
shar
ions
for
FY
1998
are
completed,
the
recipient
agrees
to
apply
the
rnent
initiated
after
the
FY
1998
"
fair
share"
objectives
become
1998
goals,
the
recipient
also
agrees
to
include
in
its
bid
documents
ectives
and
require
all
of
its
prime
contractors
to
include
in
their
bid
the
FY
1998
fkir
share
percentages.
The
recipient
also
agrees
to
ugh
(
e)
above.

For
Non­
State
recipients
If
the
recipient
has
not
negotiated
a
"
fair
share"
objective
for
FY
1998,
include
the
following
term
and
conditions
in
assistance
agreements:
\

In
accordance
with
EPA's
Program
for
Utilization
of
Small,
Minority
and
Women's
Business
Enterprises
in
procurement
under
assistance
programs,
the
recipient
agrees
to:

a)
During
the
phase­
in
period
for
FY
1998,
&,
until
its
State's
FY
1998
MBEIWBE
goals
are
approved
by
EPA
no
late
EPA
no
later
than
March
FY
1997
"
fair
share"
percentage,
or
if
it
did
not
receive
an
assistance
award
for
FY
1997,
a
minimum
of
10%)
of
Federal
finds
for
prime
contracts
or
subcontracts
for
supplies,
construction,
equipment
or
services
are
made
available
to
organizations
owned
or
controlled
economically
disadvantaged
individuals,
women,
and
universities,
colleges
and
universities
having
a
studen
students
are
Hispanic,
minority
institutions
havin
private
and
voluntary
organizations
controlled
by
disadvantaged.
This
rate
may
be
subject
to
chang
objectives.
n
March
3
1,
1998
or
its
own
MBE/
WBE
gods
are
approved
by
1998),
ensure
to
the
kllest
extent
possible
that
at
least
(
insert
the
in
which
40%
or
more
of
the
dent
body
of
50%
or
more,
and
s
who
are
socially
and
economically
998
"
fair
share"

b)
During
the
phase­
in
period
for
FY
1998
(
ie,
until
its
State's
FY
1998
h4BE"
BE
goals
are
approved
by
EPA
no
later
than
March
3
1,
1998
or
its
own
MBEIWBE
goals
are
approved
by
@­

I
2
c)
Follow
the
six
affirmative
steps
stated
in
40
CFR
30.44(
b)
or
40
CFR
31.36(
e),
as
appropriate.

For
Non­
State
Recbients
(
continue4
d)
Submit
an
EPA
Form
5700­
524
"
MBE/
WBE
Utilization
Under
Federal
Grants,
Cooperative
Agreements
and
Interagency
Agreernents".
to
the
EPA
Award
Official
by
October
30
of
each
year.

e)
In
the
event
race
andor
gender
neutral
efforts
prove
to
be
inadequate
to
achieve
a
fair
share
objective
for
MBE/
WBEs,
the
recipient
agrees
to
not@
EPA
in
advance
of
any
race
and/
or
gender
conscious
action
it
plans
to
take
to
more
closely
achieve
the
fair
share
objective.

f
)
The
recipient
agrees
to
accept
the
applicable
FY
1998
"
f
e
share"
gods
negotiated
with
EPA
by
the
State;
if
it
does
not
want
to
rely
on
the
applicable
State's
MBE/
WBE
goals,
the
recipient
agrees
to
submit
proposed
MBE/
WBE
goals
based
on
availability
of
qualified
minority
and
women­
owned
businesses
to
do
the
work
in
the
relevant
market
for
construction,
services,
equipment
and
supplies.
"
Fair
share"
objectives
must
be
submitted
to
the
(
insert
the
EPA
MBENBE
Coordinator)
by
February
28,
1998
and
negotiated
by
March
3
1,1998.

g)
The
recipient
agrees
to
apply
the
applicabIe
State's
FY
1998
"
fair
share"
goals
or
its
own
negotiated
FY
1998
"
fair
share"
gods
to
any
procurement
initiated
after
the
FY
1998
:
fair
share"
objectives
become
effective.
The
recipient
also
agrees
to
include
in
its
bid
documents
the
applicable
FY
1998
"
fair
share"
objectives
and
require
all
of
its
prime
contractors
to
include
in
their
bid
documents
for
subcontracts
the
applicable
FY
1998
"
fair
share"
percentages
and
to
comply
with
paragraphs
(
c)
through
(
e)
above.
i
I
1
i
1
I
I
1
i
1
i
i
1
E
c
3
Y
For
Non­
State
recbients
who
receive
awards
after
March
31,
1998
For
Clean
Air
Act
Amendments
of
1990
Assistance
Aerecments
In
Program
for
Utilization
of
Srna
and
Women's
Business
En
t
under
assistance
programs,
th
998
``
fair
share"
goals
negotiated
with
EPA
by
the
State
(
insert
*`
fir
share"
percentage);
if
it
does
not
want
to
rely
on
the
applicable
recipient
agrees
to
sub
sed
MBEnxJBE
goals
based
on
ty
and
women­
owned
supplies
and
equipment.
`%
Coordinator)
within
60
d
in
the
relevant
market
must
be
submitted
to
period
for
FY
1998,
&,
until
its
State's
FY
1998
PVaBE/
WBE
goals
are
own
MBEMrBE
goals
are
approved
by
EPA),
ensure
to
the
fbllest
extent
sert
the
FY
1997
"
fair
share''
percentage,
or
if
it
did
not
receive
an
FY
1997,
a
minimum
of
10%)
of
Federal
finds
pime
contracts
or
s,
construction,
equipment
or
services
are
m
y
socially
and
economically
disadvantaged
i
lack
colleges
and
universities,
colleges
and
ore
of
the
students
are
Hispanic,
minority
private
and
voIuntary
organi
disadvantaged.
This
rate
m
hare"
objectives.

c)
During
the
phase­
in
period
for
FY
1998
untii
its
State's
FY
1998
MBE/
WBE
goals
are
documents
"
fair
share"
objectives
of
(
insert
the
FY
1997
"
hir
share"
percentage,
or
if
it
did
not
receive
an
assistance
award
for
FY
1997,
a
minimum
of
10%)
and
require
all
of
its
prime
contractors
to
include
in
their
bid
documents
for
subcontracts
the
negotiated
fair
share
percentages.
PA
or
its
own
MBE/
WBE
goals
are
approved
by
P
A
)
,
include
in
its
bid
d)
Follow
the
six
affirmative
steps
stated
in
40
CFR
30.44(
b)
or
40
CFR
3
1.36(
e),
as
appropriate.

e)
Submit
an
EPA
Form
5700­
52A,
"
MBENBE
Utilization
Under
Federal
Grants,
Cooperative
Agreements
and
Interagency
Agreements"
to
the
EPA
Award
Official
by
October
30
of
each
year.

f
)
In
the
event
race
and/
or
gender
neutral
efforts
prove
to
be
inadequate
to
achieve
a
fair
share
objective
for
MBE/
WBEs,
the
recipient
akees
to
notify
EPA
in
advance
of
any
race
and/
or
1
share
objective.

to
apply
the
applicable
State's
FY
1998
`
Wr
share"
goals
or
its
own
r
share"
gods
to
any
procurement
initiated
after
the
FY
1998
"
fair
share"
ve.
The
recipient
also
agrees
share"
objectives
and
require
subcontracts
the
applicable
FY
(
c)
through
(
e)
above,
in
it3
bid
documents
the
rime
contractors
to
include
in
r
share"
percentages
and
to
2
,
NEW
INTEFUM
MBENBE
TERM
AND
CONDITIONS
For
Non
Clean
Air
Act
Amendments
of
1990
Assistance
Agreements
For
State
ReciDients
ted
a
uFair
Share"
objective
for
FY
1998,
include
the
assistance
agreements:

e
with
EPA's
Program
for
Utilization
of
Small,
Minority
and
Women's
Business
procurement
under
assistance
programs,
the
recipient
agrees
to:

a)
Except
as
provided
in
paragraphs
(
0
and
(
g)
belo
least
(
insert
the
FY
1997
"
fair
share"
percentages)
o
subcontracts
for
supplies,
construction,
equipment
Revolving
Fund
(
SRF)
he
Mest
extent
possible
that
at
s
for
prime
contracts
or
ade
available
by
the
State,
or
y
the
State
and/
or
the
State
d
or
controlled
by
socially
and
ack
colleges
and
universities.
r
share"
negotiations
.

b)
Except
as
provided
in
paragraphs
(
0
and
(
g)
below,
include
in
its
bid
documents
"
fsr
share"
objectives
of
(
insert
the
FY
1997
fair
share
percentages)
include
in
their
bid
documents
for
subcontracts
the
(
iise
share
percentages.
For
Clean
Water
or
Drinking
Water
to
achieve
to
the
fbllest
extent
possible,
the
State's
fair
selected
project
participants
to
comply
with
40
CFR
30
the
Drinking
Water
State
Revolving
Fund
(
SRF)
Prop
c)
FoIiow
the
six
affirmative
steps
stated
in
40
CFR
30.44@),
40
CFR
3
1.36(
e),
35.3
I45(
d),
35.6580,
or
the
Drinking
Water
State
RevoIving
Fund
(
SW)
Program
Guidelines,
as
appropriate.
require
all
of
its
prime
contractors
to
FY
1997
fair
share
percentages)
fair
ization
grants,
the
recipient
agrees
ective
and
to
require
those
.36(
e),
35.3145(
d),
35.6580
or
ines,
as
appropriate.

d)
Submit
an
EPA
Form
5700­
524
"
Mf3E/
WBE
Utilization
Under
Federal
Grants,
Cooperative
Agreements,
and
Interagency
Agreements"
to
the
EPA
Award
Official
beginning
with
the
Federal
fiscal
year
quarter
the
recipient
receives
the
award
and
continuing
until
the
project
is
completed.
These
reports
must
be
submitted
to
the
award
official
within
30
days
of
the
end
of
the
Federal
fiscal
quarter
(
January
30,
April
30,
fuly
30
and
October
30)
except
for
assistance
awards
for
Continuing
Environmental
Programs
which
must
be
submitted
to
the
EPA
Award
Official
by
October
30
of
each
year.
\

e)
In
the
event
race
and/
or
gender
neutra1
efforts
prove
to
be
inadequate
to
achieve
a
fair
share
objective
for
MBEdWBEs,
the
recipient
agrees
to
notify
EPA
in
advance
of
any
race
and/
or
gender
conscious
action
it
plans
to
take
to
more
closely
achieve
the
fair
share
objective.

1
!
I
I
I
i
i
I
!

I
I
i
I
I
i
j
I
I
I
I
I
1
i
NEW
LNTERIM
MBEWBE
"
E
For
State
Recipients
(
continue4
have
FY
1998
"
fair
oordinator
by
M
minority
and
women­
owned
businesses
to
do
the
work
in
the
ction,
services,
equipment
and
supplies
supporting
'
negotiations
based
on
availability
completed
,
1998.
An
availability
analysis
based
to
the
(
insert
the
EPA
MBIYWBE
g)
Once
"
fair
share"
negotiations
for
FY
1998
are
completed,
the
recipient
agrees
to
apply
the
FY
1998
goal
to
any
procurement
initiated
after
the
FY
1998
"
fair
share"
objectives
become
effective.
The
reci
objectives
and
subcontracts
the
FY
1998
fair
share
percentages.
The
recipient
also
agrees
to
comply
with
paragraphs
(
c)
through
(
e)
above.
so
agrees
to
include
in
its
bid
documents
FY
1998
"
fair
share"
fits
prime
contractors
to
include
in
their
bid
documents
for
For
Non­
state
reciaients
If
the
recipient
has
not
negotiated
a
"
fair
share"
objective
for
3?
Y
1998,
include
the
following
term
and
conditions
in
assistance
agreements:

I
In
accordance
with
EPA's
Program
for
Utilization
of
Small,
Minority
and
Women's
Business
Enterprises
in
procurement
under
assistance
programs,
the
recipient
agrees
to:

a)
Durhg
the
phase­
in
period,
for
FY
1998
&
until
its
State's
FY
1998
MBE/
WBE
goals
are
approved
by
EPA
no
later
than
March
3
1,
1998
or
its
own
goals
are
approved
by
EPA
no
later
than
March
3
I,
1998),
ensure
to
the
fbllest
extent
possible
that
at
least
(
insert
the
FY
1997
"
fair
equipment
or
services
are
made
available
to
organizations
owned
or
controlled
by
socially
and
economjcally
disadvantaged
individuals,
women
and
historically
black
colleges
and
universities.
This
rate
may
be
SU
b)
During
the
phase­
in
period
for
FY
1998
(
3
3
until
its
State's
FY
1998
MBE/
WBE
goals
are
approved
by
EPA
no
later
than
March
3
1,
1998
or
its
own
MBE/
WBE
gods
are
approved
by
EPA
no
later
than
March
31,
1998),
include
in
its
bid
documents
"
fair
share"
objectives
of
(
insert
the
FY
I997
fair
share
percentage,
or
if
it
did
not
receive
an
assistance
award
for
FY
1997,
a
subcontracts
the
negotiated
fair
share
percentages.
1
I
share"
percentage)
of
Federal
finds
for
prime
contracts
or
subcontracts
for
supplies,
construction,

I
to
change
based
upon
negotiated
FY
1998
"
fair
share"
objectives.
I
,

,

I
I
minimum
of
8%)
and
require
all
of
its
prime
contractors
to
include
in
their
bid
documents
for
I
,

2
NEW
INTERIM
MBE/
WBE
TERM
AND
CO
e
steps
stated
in
40
CFR
30.44(
b),
40
CFR
3
1.36(
e),
35.3145(
d),
or
d)
For
assistance
awards
for
continuing
environmental
programs
and
assistance
awards
with
institutions
of
higher
education,
hospitals
and
other
non­
profit
organizations,
submit
an
EPA
Form
5700­
52A,
"
MBENBE
Utilization
Under
Federal
Grants,
Cooperative
Agreements
and
reements"
to
the
EPA
Award
Official
by
October
30
of
each
year,
Other
program
submitted
to
the
award
ofEciaI
within
30
days
of
the
end
of
the
Federal
fiscal
30,
April
30,
July
30,
and
October
30).

e)
In
the
event
race
and/
or
gender
neutral
efforts
prove
to
be
inadequate
to
achieve
a
fair
share
objective
for
MBEMEs,
the
recipient
agrees
to
notify
EPA
in
advance
of
any
race
and/
or
gender
conscious
action
it
plans
to
take
to
more
closely
achieve
the
fair
sh.
are
objective.

f
)
The
recipient
agrees
to
accept
the
applicable
FY
1998
"
fair
share"
goals
negotiated
with
EPA
by
the
State;
if
you
do
not
want
to
rely
on
the
applicable
State's
MBE/
WBE
goals,
the
recipient
agrees
to
submit
proposed
M
B
M
E
goals
based
on
availability
of
qualified
minority
and
women­
owned
businesses
to
do
the
work
in
the
relevant
market
for
construction,
services,
equipment
and
supplies.
"
Fair
share"
objectives
must
be
submitted
to
the
(
insert
the
EPA
MBE/
WBE
Coordinator)
by
February
28,
1998
and
negotiated
by
March
3
1,1998.

g)
The
recipient
agrees
to
apply
the
applicable
State's
FY
1998
"
fair
share"
goals
or
its
own
negotiated
FY
1998
"
fair
share"
goais
to
any
procurement
initiated
after
the
FY
1998
"
fair
share"
objectives
become
effective.
The
recipient
also
agrees
to
include
in
its
bid
documents
the
applicable
FY
1998
"
fair
share"
objectives
and
require
all
of
its
prime
contractors
to
include
in
their
bid
documents
for
subcontracts
the
applicabfe
FY
1998
"
fair
share"
percentages
and
to
comply
with
paragraphs
(
c)
through
(
e)
above.

3
NEW
M'BENBE
TERMS
AND
CONDTTIONS
and
Women's
Business
ees
to:

8
"
fair
share''
goals
ir
share"
percentage);
if
i
recipient
agrees
to
submit
propos
and
women­
owned
businesses
ies
and
equipment.
`
Tair
share"
dinator)
within
60
days
of
aw
ved
by
EPA
no
later
b)
During
the
phase­
in
period,
for
FY
1998
(
i
i
until
its
State's
FY
I998
MBE/
WBE
goals
are
Sure
to
the
fillest
extent
possible
de&
finds
for
prime
contracts
or
ividuals,
women
and
to
change
based
upon
r
its
own
goals
are
approved
by
EPA),
1997
"
fair
share"
percentage)
o
cially
and
economically
disadvantaged
and
universities.
This
rate
may
be
subj
hare"
objectives.
,
construction,
equipment
or
sewices
are
made
available
to
organizations
c)
During
the
phase­
in
period
for
FY
1998
(
le,
until
its
State's
FY
1998
MBE/
WBE
goals
are
approved
by
EPA
or
its
own
PVIBEIWBE
goals
are
approved
by
EPA),
include
in
its
bid
documents
"
fair
share"
objectives
of
(
insert
the
FY
1997
fair
share
percentage,
or
if
it
did
not
receive
an
assistance
award
for
FY
1997,
a
minimum
of
8%)
and
require
all
of
its
prime
contractors
to
include
in
their
bid
documents
for
subcontracts
the
negotiated
fair
share
percentages.

d)
Follow
the
six
affirmative
steps
stated
in
40
CFR
30.44(
b),
40
CFR
31.36(
e),
35.3
145(
d),
or
35.6580,
as
appropriate.

e)
For
assistance
awards
for
continuing
environmental
programs
and
assistance
awards
with
institutions
of
higher
education,
hospitals
and
other
non­
profit
organizations,
submit
an
EPA
Form
5700­
524
"
MBE/
WBE
Utiiization
Under
Federal
Grants,
Cooperative
Agreements
and
Interagency
Agreements"
to
the
EPA
Award
Otficial
by
October
30
of
each
year.
Other
program
reports
must
be
submitted
to
the
award
official
within
30
days
of
the
end
of
the
Federal
fiscal
quarter
(
January
30,
April
30,
July
30,
and
October
30).

1
For
Non
Ciean
Air
Act
Amendments
of
1990
Assistance
Agreements
,
der
neutral
efforts
prov
pient
agrees
to
no
take
to
more
clos
share
objective.

ply
the
applicable
State's
FY
1
e"
goals
to
any
procurement
initiat
.
The
recipient
also
agrees
to
includ
re"
objectives
and
require
all
of
i
ontracts
the
applicable
FY
1998
actors
to
include
in
ercentages
and
to
ough
(
e)
above.

2
