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<br /> GENERAL TERMS AND CONDITIONS
<br /> 8 INTERAGENCY
<br /> FEDERAL FUNDS
<br /> F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
<br /> WAC.
<br /> G. Open public meetings act, Chapter 42.30 RCW.
<br /> H. Public records act, Chapter 42.56 RCW.
<br /> I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
<br /> 15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
<br /> During the performance of this Agreement, the Contractor shall comply with all federal, state, and
<br /> local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance
<br /> or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be
<br /> rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible
<br /> for further Agreements with COMMERCE, The Contractor shall, however, be given a reasonable
<br /> time in which to cure this noncompliance. Any dispute may be resolved in accordance with the
<br /> "Disputes" procedure set forth herein.
<br /> 16. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
<br /> GENERAL COMPLIANCE, 40 CFR, Part 33
<br /> The Contractor agrees to comply with the requirements of EPA's Program for Utilization of Small,
<br /> Minority and Women's Business Enterprises in procurement under assistance agreements, contained
<br /> in 40 CFR, Part 33.
<br /> SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the
<br /> Contractor agrees to make the following good faith efforts whenever procuring construction,
<br /> equipment, services and supplies under an EPA financial assistance agreement, and to ensure that
<br /> sub-recipients, loan recipients, and prime contractors also comply.
<br /> Records documenting compliance with the six good faith efforts shall be retained:
<br /> (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
<br /> outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this
<br /> will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
<br /> (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
<br /> contracts and establish delivery schedules, where the requirements permit, in a way that encourages
<br /> and facilitates participation by DBEs in the competitive process. This includes, whenever possible,
<br /> posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or
<br /> proposal closing date.
<br /> (c) Consider in the contracting process whether firms competing for large contracts could subcontract
<br /> with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total
<br /> requirements when economically feasible into smaller tasks or quantities to permit maximum
<br /> participation by DBEs in the competitive process.
<br /> (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
<br /> firms to handle individually.
<br /> (e) Use the services and assistance of the SBA and the Minority Business Development Agency of
<br /> the Department of Commerce.
<br /> (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
<br /> paragraphs (a) through (e) of this section.
<br /> MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The Contractor agrees to
<br /> complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative
<br /> Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the
<br /> recipient receives the award, and continuing until the end of the contract period. Only procurements
<br /> with certified MBE/WBEs are counted toward a COMMERCE's MBENWBE accomplishments under
<br /> the contract with EPA. The reports must be submitted semiannually for the periods ending March
<br /> 15th and September 15th. Reports should be sent to the COMMERCE representative.
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