Common use of General Instructions Clause in Contracts

General Instructions. MBE/WBE utilization is based on 40 CFR Part 33. The reporting requirement reflects the class deviation issued on November 8, 2013, clarified on January 9, 2014 and modified on December 2, 2014. EPA Form 5700-52A must be completed annually by recipients of financial assistance agreements where the combined total of funds budgeted for procuring supplies, equipment, construction or services exceeds $150,000.This reporting requirement applies to all new and existing awards and voids all previous reporting requirements. In determining whether the $150,000 threshold is exceeded for a particular assistance agreement, the analysis must focus on funds budgeted for procurement under the supplies, equipment, construction, services or “other” categories, and include funds budgeted for procurement under sub-awards or loans Reporting will also be required in cases where the details of the budgets of sub-awards/loans are not clear at the time of the grant awards and the combined total of the procurement and sub- awards and/or loans exceeds the $150,000 threshold. When reporting is required, all procurement actions are reportable, not just the portion which exceeds $150,000. If at the time of award the budgeted funds exceed $150,000 but actual expenditures fall below, a report is still required. If at the time of award, the combined total of funds budgeted for procurements in any category is less than or equal to $150,000 and is maintained below the threshold, no DBE report is required to be submitted. Recipients are required to report 30 days after the end of each federal year, per the terms and conditions of the financial assistance agreement. Last reports are due October 30th or 90 days after the end of the project period, whichever comes first. MBE/WBE program requirements, including reporting, are material terms and conditions of the financial assistance agreement.