Contracts & Agreements_8-1977 - Laserfiche WebLink

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Contract Sneet - 4 of .4 - APPhNIII\ A SBd 38 12 2/14 9 Co (ate- F' M During the performance of this contract, the contractor, for itself, its assigns and successors in interest (hereinafter referred to a-s the "con- tractor") agrees as follows (1) (,ompliancc with Regulations The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which arc herein incorporated by reference and made a part of this contract (2) Nondiscrimination The contractor, with ,egard to the work performed by it during the contract, shall not disc~+minate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials anti leases of equip- ment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including eniploynient practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts Including Procurements of Materials and U quipnicnt In all solicitations, either bs competitive bidding or negotiation made by the contractor for work to he performed under a subcontract, including procurements of materials or leases of equip ment, each potential subcontra tor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin (4) information and Reports The contractor shall provide all information and reports required bs, the Regulations, or directives issued pursu nt tnereto, and shall permit access to its books, records accounts other sources of information, and its facilities as mas be determined by the State Highway Department or the Federal Highway Adminis tration to be pertinent to ascertain compliance with such Regulations or directives Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the 'tate Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information (5) Sanctions for Noncompliance In the event of the contractor s non compliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part (6) Incorporation of Prosisions The contractor shall include the pro- visions of paragraph (1) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursu int thereto The con- tractor will take such action with respect to any subcontractor or procurement as the htate Highway Department or the Federal High- way Administration may direct as a means of enforcing such pro- visions including unctions for noncompliance Pros tried, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor ma' request the State highway Department to enter into such litigation to protect the interest of the State, and, in addition, the contractor matt request the United States to enter