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APPENDIX A
<br />During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
<br />referred to as the "contractor") agrees as follows:
<br />1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
<br />Acts and t he Regulations relative to Non-discrimination in Federally-assisted programs of the U.S.
<br />Department of Transportation, Federal Highway Administration (FHWA), as they may be amended
<br />from time to time, which are herein incorporated by reference and made a part of this contract.
<br />2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will
<br />not discriminate on the grounds of race, color, or national origin in the selection and retention of
<br />subcontractors, including procurements of materials and leases of equipment. The contractor will not
<br />participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
<br />including employment practices when the contract covers any activity, project, or program set forth in
<br />Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program
<br />req uirements.J
<br />3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
<br />solicitations, either by competitive bidding, or negotiation made by the contractor for work to be
<br />performed under a subcontract, including procurements of materials, or leases of equipment, each
<br />potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under
<br />this contract and the Acts and the Regulations relative to Non-discrimination on the grounds ofrace,
<br />color, or national origin. [Include Modal Operating Administration specific program requirements.]
<br />4.Information and Reports: The contractor will provide all information and reports required by the Acts,
<br />the Regulations, and directives issued pursuant thereto and will permit access to its books, records,
<br />accounts, other sources of information, and its facilities as may be determined by the Recipient or the
<br />FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any
<br />information required of a contractor is in the exclusive possession of another who fails or refuses to
<br />furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and
<br />will set forth what efforts it has made to obtain the information.
<br />5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non
<br />discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the
<br />FHWA may determine to be appropriate, including, but not limited
<br />to:
<br />a.withholding payments to the contractor under the contract until the contractor complies; and/or
<br />b.cancelling, terminating, or suspending a contract, in whole or in part.
<br />6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six
<br />in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
<br />Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect
<br />to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing
<br />such provisions including sanctions for noncompliance. Provided, that if the contractor becomes
<br />involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
<br />contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient.
<br />In addition, the contractor may request the United States to enter into the litigation to protect the interests
<br />of the United States.
<br />A
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