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B-197772 1 (1980-03-04)

handle is hein.gao/gaobabjff0001 and id is 1 raw text is: 3 01 cOMPTrROLLRfl CLNERALLW FTHF* UNIVEO STATES 7.*. WAL'hhtIGTO., 3C, 90545 13,197772 .tZ t40 .V tCLIa -. . MAR 4 ? The Ioncrable Gary h, Leo flouae of opreoantativos Dear Hr. Yoos lie refer to your letter dateit'ebruary 6, 1900, requesting cqur review and advice onto atter raised by a conotituoit of yours concerning environmental Protection Agbcy (EPA) regulations for minority businia enterprise (1BC) involvement In the supply of goods and servicee under fEPA grants for construg:- tion of water treatment works pursuant to Title 11 of the Clean Iater Act. of 1977 (P*L. 95-217), Essentially, your constituent questions the legality of the EPA regulations which,'nandste sot- asides for 4IB'S ranging frcm 10 porcoiz to 25 percent of the dollar value of any work performad in Connection with the construction of water treatwent facilities. In thin regaed, your constituent contends that the provi ionu of P.L. 95-507 contradict the EPA regulationv. Po.L 95-507 ta in large part,',ntendod ho expand nubcontracting opportunities for both aunall buoinesbes and economically and'socially disadj iantaged bus1.nssea by requiring large business offerors avid bidders to' submit subcontracting plans which will become part of cointracts awarded as the result of the Federal procurement process. P.L. 95w507 deals only with direct ['cderal procuremnts, Hert, fowever, we are dealing with work being performed under a contract let by eitt.r t state or local governenont pursuant to a grant of monies to 'it by'\ the EPA undmr the authority of the Clean Water Act o9 1977 and not a direct Federal procurement Under which P. L. 95-507 would be applicable. The Office of rederal Procurement Policy within the Office of Managenent and lxh/26 Fds 1980 **1K i9/ 4 * v

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