48 CFR Part 1426 — Other Socioeconomic Programs

PART 1426—OTHER SOCIOECONOMIC PROGRAMS Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 U.S.C. 301. Source: 75 FR 19829, Apr. 15, 2010, unless otherwise noted. Subpart 1426.70 [Reserved] Subpart 1426.71—Minority Business Reports 1426.7100 Scope of subpart. This subpart sets forth reporting requirements established by Executive Order 12432 entitled “Minority Business Enterprise Development” and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as “Superfund.” 1426.7101 Definitions. For purposes of this subpart the following definitions shall apply: Contract Minority business enterprise Minority individual (a) Native Americans (b) Asian-Pacific Americans 1426.7102 Minority Business Development Agency (MBDA-91) Plan and Reports. 1426.7102-1 Statutory basis. Executive Order 12432, dated July 14, 1983, established the requirement for the Department of Commerce (i.e., MBDA) to collect information on acquisition and financial assistance awards to minority businesses, as well as credit assistance to such firms. 1426.7102-2 Requirements. (a) MBDA-91 Plan. (b) MBDA-91 Reports. (c) “Negative report” means when the Bureau had no reportable activity during the quarter. Submit such a report using the MBDA-91 report form. 1426.7103 The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization Report). 1426.7103-1 Statutory basis. Paragraph 105 of CERCLA requires the President of the United States to consider the availability of qualified minority business enterprises in awarding contracts under the Act and report annually to Congress on the extent of such awards, including the efforts made to encourage the participation of such firms in programs carried out under the act. The Environmental Protection Agency has delegated responsibility for preparing the report, which includes contracts for Superfund hazardous waste clean-up awarded by other agencies. 1426.7103-2 Requirements. The contracting offices shall report designated projects funded with EPA monies, involving the actual award of contracts, subcontracts, financial assistance instruments, subagreements, etc. by DOI. Do not include Departmental projects covered by Superfund and funded solely with Departmental appropriations. The BPC must submit one of the following reports inclusive of all projects, as applicable, to the OSDBU by no later than November 8 of each year: (a) EPA Forms 6005-3 and 6005-3A for applicable Superfund contract awards, including partial awards to minority businesses. (b) EPA Form 6005-3A only, for applicable Superfund contract awards when no awards were made to minority firms, to report the efforts made to promote minority business participation in the designated projects. (c) “Negative Report” when the reporting Bureau did not award contracts using Superfund monies.

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