|
LMn/150T.252S1(12/76)
<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) 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) 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. Linder 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, ether 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 /> (5) 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 /> (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 include 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, orinstructions issued pursuant thereto. The contractor will take such action
<br /> with respect to any subcontract or procurement as the Department of Transportation or the Fc,';e,ral
<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.
<br />
|