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Mn /DOT SD- 3172.77)
<br />APPENDIX A
<br />Non- Discrimination Provisions of Title VI of the Civil Rights Act of 1964.
<br />During the performance of this contract, the contractor, for itself, its assignees and successors in interest
<br />(hereinafter referred to as the "contractor "), agrees as follows:
<br />(1)
<br />Compliance with Regulations: The Contractor will comply with Regulations of the Department of
<br />Transportation relative to nondiscrimination in federally- assisted programs of the Department of Com-
<br />merce (Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations), which
<br />are herein incorporated by reference and made a part of this contract.
<br />(2) Nondiscrimination: The contractor,- with regard to the work performed by it after award and prior to
<br />completion of the contract work, will not discriminate on the ground of race, color, or national origin
<br />in the selection and retention of subcontractors, including procurements of materials and leases of
<br />equipment. The contractor will not participate either directly or indirectly in the discrimination pro-
<br />hibited by Section 21.5 of the Regulations, including employment practices when the contract covers
<br />a program set forth in Appendix "A ", "B" and "C ".
<br />(3)
<br />Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
<br />either by competitive bidding or negotiation made by the contractor for work to be performed under a
<br />subcontract, including procurements of materials or equipment, each potential subcontractor or sub -
<br />plier shall be notified by the contractor of the contractor's obligations under this contract and the
<br />Regulations relative to nondiscrimination on the ground of race, color or nation origin.
<br />(4) Information and Reports: The contractor will provide all information and reports required by the
<br />Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,
<br />records, accounts, other sources of information, and its facilities as may be determined by the Depart-
<br />ment of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance
<br />with such Regulations, orders and instructions. Where any information required of a contractor is in
<br />the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
<br />so certify to the Department of Transportation, or the Federal Highway Administration as appropriate,
<br />and shall set forth what efforts it has made to obtain the information.
<br />Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimi-
<br />nation provisions of this contract, the Department of Transportation shall impose such contract
<br />sanctions as it or the Federal Highway Administration may determine to be appropriate, including
<br />but not limited to,
<br />(5)
<br />(a) witholding of payments to the contractor under the contract until the contractor complies, and /or
<br />(b) cancellation, termination or suspension of the contract, in whole or in part.
<br />(6) Incorporation of Provisions: The contractor will inciude the provisions of paragraph (1) through (6)
<br />in every subcontract, including procurements of materials and leases of equipment, unless exempt by
<br />the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action
<br />with respect to any subcontract or procurement as the Department of Transportation or the Federal
<br />Highway Administration may direct as a means of enforcing such provisions including sanctions for
<br />noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threaten-
<br />ed with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
<br />request the State to enter into such litigation to protect the interests of the State, and in addition,
<br />the contractor may request the United States to enter into such litigation to protect the interests of
<br />the United States.
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