EPA DBE CONFERENCE

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Night of the Living DBE ASSISTANCE AGREEMENT
TERMS AND CONDITIONS

EPA DBE CONFERENCE
OCTOBER 2007
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New DBE Program Terms and Conditions

• The new DBE Program terms and conditions reflect
  nearly all of the new program components.
• When the new DBE Program goes into effect, pay
  special attention to your new terms and
  conditions regarding the program.

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Major Changes in the New Terms and Conditions

• New Fair Share Negotiations Requirements.
• 90 Day Time Frame to Submit Goals
• Exemptions from Negotiations
• Accepting the Goal of Another Recipient

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Major Changes in the New Terms and Conditions

• New Contract Administration Provisions
• Subcontractor Participation Form (6100-2)
• Subcontractor Performance Form (6100-3)
• Subcontractor Utilization Form (6100-4)
• New Bidders List Requirement
• 250K exemption from this requirement

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Major Changes in the New Terms and Conditions

• The Good Faith Efforts
• No exemptions from this requirement
• New Reporting Requirements
• No exemptions from this requirement
• Quarterly Reporters will report semiannually
  under the new program
• Annual reporters will continue to report annually

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DBE Program Terms and Conditions General Things
You Should Know

• DBE Program terms and conditions are
  incorporated into all Assistance Agreements,
  regardless if expenditures are not allocated in
  the four procurement categories (Services
  (Contractual), Supplies, Equipment, and
  Construction. (sometimes other)

The recipient has the option to move funds within
the budget categories.
Why?
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DBE Program Terms and Conditions General Things
You Should Know

• DBE Program requirements are effective the
  date the Assistance Award is countersigned, or
  at the beginning of the project periodnot when
  expenditures are made or when recipient actually
  starts the project.
• Assistance Agreements should not be closed
  without recipients adherence to all DBE
  requirements or procurement dollars can be
  withheld.

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DBE Program Terms and Conditions General Things
You Should Know
Are the DBE/MBE/WBE Terms and Conditions Flow
Down Requirements?
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DBE Program Terms and Conditions General Things
You Should Know
YES!

• The DBE Program Requirements apply to the
  primary recipient and then its sub-recipients,
  loan recipients, and prime contractors.
• Basically this means to the lowest entity that
  receives the federal dollars and then it stops
  at the Prime Contractor level.

Note Subcontractors do have a responsibility to
report their expenditures to the Prime Contractor.
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DBE Program Terms and Conditions General Things
You Should Know

• How Far Down Do the Requirements Flow ?
• Tier 1 The Grant Recipient
• Tier 2 The Sub-recipient or Loan Recipient
• Tier 3 The Prime Contractor

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DBE Program Terms and Conditions General Things
You Should Know
Tier 1 Requirements (The Grant Recipient) Negotia
tion of Fair Share Objectives Application of
Fair Share Objectives (All objectives, no
selecting) Good Faith Efforts Reporting
Requirements Contract Administration
Provisions Bidders List Documentation
Passing the MBE/WBE/DBE Requirements to its
sub-recipients, loan recipients, and prime
contractors.
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DBE Program Terms and Conditions General Things
You Should Know

Tier 2 Requirements (Sub-Recipient/Loan
Recipient) Negotiation of Fair Share Objectives
(usually accepts the goal of the initial grant
recipient) Application of Fair Share Objectives
(All objectives, no selecting) Good Faith
Efforts Reporting Requirements Contract
Administration Provisions Bidders
List Documentation Passing the MBE/WBE/DBE
Requirements to its prime contractors.

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DBE Program Terms and Conditions General Things
You Should Know
Tier 3 Requirements (Prime Contractor with
Subcontracts Application of Fair Share
Objectives (All objectives, no selecting) Good
Faith Efforts Reporting Requirements Contract
Administration Provisions Documentation
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Flow Down Level for DBE/MBE/WBE Requirements
Tier 1
Recipient
Sub-Recipient/ Loan Recipient
Prime Contractor
Tier 2
Stop
Prime Contractor
Tier 3
Stop
DBE/MBE/WBE Requirements do not flow past the
Prime Contractor Level.
Refer to CFR Part 33 for Requirements.
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New DBE Program Terms and Conditions

• Any Questions?