EPA has determined that requirements for the participation of minority and women owned businesses will apply to SRF assistance in an amount equal to the state capitalization grants. To attain compliance with MBE/WBE requirements, the State and EPA shall negotiate an overall "fair share" objective for MBE/WBE participation on the SRF funded activities. A fair share objective should be based on the amount of the state capitalization grant award or other state established goals or standards. This fair share objective will be accomplished by requiring all such projects funded with SRF assistance to undertake the six affirmative steps described in federal regulation 40 CFR, Part 33.240.
For convenience, this federal regulation is included below as a part of Appendix E:
Section 33.240: Small, minority, women's, and labor surplus area businesses.
(a) It is EPA policy to award a fair share of subagreements to small, minority, and women's businesses. The recipient must take affirmative steps to assure that small, minority, and women's businesses are used when possible as sources of supplies, construction and services. Affirmative steps shall include the following:
(1) Including qualified small, minority, and women's businesses on solicitation lists;
(2) Assuring that small, minority, and women's businesses are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and women's businesses;
(4) Establishing delivery schedules, where the requirements of the work permit, which will encourage participation by small, minority, and women's businesses;
(5) Using the services and assistance of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and
(6) If the contractor awards subagreements, requiring the contractor to take the affirmative steps in paragraphs (a)(1) through (5) of this Rule.
(b) {Reserved}
(c) EPA encourages recipients to procure supplies and services from labor surplus area firms.
Minority and women's business enterprises must comply with the definitions contained in federal regulation 40 CFR, Part 33.005.
Miss. Code. tit. 11, pt. 6, ch. 4, app 11-6-4-E