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Disadvantaged Business Enterprise Program Newly Named at EPA

Release Date: 07/18/2003
Contact Information:

Bonnie Piper, 202-564-7836

(07/18/03) EPA is proposing a new rule for participation by Disadvantaged Business Enterprises (DBE) in Procurement under the Agency’s financial assistance agreements. This rule affects recipients of and EPA financial assistance agreement and entities receiving an identified loan under a financial assistance agreement capitalizing revolving loan fund. The new regulation is intended to enforce EPA’s statutory DBE procurement objectives with the U.S. Supreme Court’s decision in Adarand Constructors Inc. vs. Pena. In Adarand, the Supreme Court extend strict judicial scrutiny to federal programs that use racial or ethnic criteria as a basis for decision making. The proposed rule reflects EPA’s efforts to ensure that the compelling government interest of remedying past and current racial discrimination through the use of agency-wide DBE procurement objectives is served by a narrowly-tailored program. EPA’s Office of Small and Disadvantaged Business Utilization issued a proposed rule which will be available at: .