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INDIANA STATE REVOLVING FUND LOAN PROGRAM <br />DBE PACKET <br />This packet lists required contract conditions that apply to all Clean Water and Drinking Water <br />State Revolving Fund projects and contains forms that must be used in the procurement process. <br />This packet must be physically included in all bidding and contract documents. <br />This project is being financed in whole or in part by the Indiana State Revolving Fund Loan <br />Programs. The loan recipient is required to comply with the following federal and state laws, rules <br />and regulations and must ensure that their contractor(s) also comply with these regulations, laws and <br />rules. <br />1. Title VI of the Civil Rights Act of 1964 (P.L 88-352), the Rehabilitation Act of 1973 (P.L. 93- <br />1123, 87 Stat. 355, 29 U.S.C. Sec. 794), the Older Americans Amendments of 1975 (P.L. 94- <br />135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures <br />access to facilities or programs regardless of race, color, national origin, sex, age or handicap. <br />2. Executive Orders 11246, as amended by Executive Orders 11375 and 12086 and subsequent <br />regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or <br />national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. <br />O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. <br />3. 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in Procurement under <br />Environmental Protection Agency (EPA) Financial Assistance Agreements <br />4. Executive Orders 11625, 12138 and 12432; 40 CFR part 33; Section 129 of P. L. 100-590 <br />Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102-389 (42 U.S.C. <br />437d); a 1993 appropriations act ("EPA's 8% statute"); Public Law 101-549, Title X of the <br />Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) ("EPA's 10% statute"). <br />Encourages recipients to award construction, supply and professional service contracts to <br />minority and women's business enterprises (MBEIWBE) and small businesses and requires <br />recipients to utilize affirmative steps in procurement. <br />Executive Order 12549 and 40 CFR Part 32, Subparts B and C. Prohibits entering into <br />contracts or sub -contracts with individuals or businesses who are debarred or suspended. <br />Borrowers are required to check the status of all contractors (construction and professional <br />services) and must require contractors to check the status of subcontractors for contracts <br />expected to be equal to or over $25,000 via this Internet address: www.sam.gov <br />6. Indiana Code 36-1-12-12, Requires the board to withhold final payment to contractor until the <br />contractor has paid the subcontractors, material suppliers, laborers, or those furnishing services <br />7. Indiana Code 36-1-12-13.1, requires performance and payments bonds equal to 100% of the <br />contract price if the cost of the public work is estimated to be more than $200,000. <br />Equal Employment <br />Inclusion of these seven clauses (excerpt from Executive Order No. 11246, Section 202 as amended by <br />