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NONDISCRIMINATION CLAUSES
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<br />Durin~ the performance c{ this contract, the contractor, for itself, its
<br />a~.~ignee$ and successors in interest (hereinat'ter referred 'to as the "con-
<br />tractor"), agrees ~s fo(Jews:
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<br />Compiiance with Reeuiations: The Contractor will com. o,y with the
<br />~,egulat~ons of the Department of Transportation rel.-,tive to
<br />crlminal~on in feder~.:iv ess~sted programs cf the Department o,~
<br />Transportation (Title -~g, Code of Federal Reeulatlons, Parts 21 and
<br />2?, hereinafter reierred to as the F~eguiation~), wi~ich are herein
<br />incorporated by reference and made a part of this contract.
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<br />(2)
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<br />Nondiscrimination: The contractor, with regard to the work
<br />por~ormer~ by' it a,'tor award and prior ~o completion of th~ contract
<br />work, will not discr~minot~ on the ~round c( handicap, r~ce, color or
<br />nat~ona~ origin in the selection and rctentlcn of subcontr~ctors,
<br />including procurements of m~terJ~]~ ~nd lc~ses of equipmecl. The
<br />contractor w~lJ not participate either directiy or indirectly in the
<br />discrimination prohibited by Section 21.5 of the Regulations, including
<br />employment pract~ce~ when the contract covers a program set forth in
<br />Appendix "A," "~," ~nd "C" of P~rt 21 of the Re;uiations.
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<br />(3) Solicitations for Subcontracts, Includinc Procurements of M~terials and
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<br />(4)
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<br />(e)
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<br />Equmment; In all ~olicitat~ons either by ~;ompetltmve b~dd;ng or
<br />negotIation made by the contractor for work to be performed under a
<br />subcontract, including procurements of materials or equipment, each
<br />potential subcontractor or supplier shall be notified by the contractor
<br />of the contractor's obligations under this contract and the Reguiation$
<br />re;ative to nondiscrimination on 'the ground of handlc~p, race, color
<br />or national origin,
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<br />Information and Remorts: The contractor will provide all information
<br />and reports requ~rec by tho Regul,-..tions, or orders and instructions
<br />issued pursuent thereto, and wiIi permit'access to its books, records,
<br />accounts, o',her sources cf ir, formation, and its facilities ~s may be
<br />determined by the State Highway Department or the Federal Highway
<br />Administration to be pertinent to ascertain compliance with such ~egu-
<br />lations, orders ~nd instructions. Where any information required of a
<br />contractor is in ti~e exclusive possession of ~noth6r WhO ~aiJs or
<br />refuses to furnish this information, the conzractor skaJi so certify :~
<br />the Stere Highway Department, or the Federal Highway Administrttion
<br />as appropriate, end shall set forth wi~at efforts i; h~s made to obtain
<br />the information.
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<br />Sanctions for Noncsm~lience: In the event of the contractor's noncom-
<br />pliance with the n~nc.'iscr~mmation provisions of this contract, the
<br />Si. ate Highway Dep~rtment shall impose such contr~st sahctions ~ it ~
<br />or the Federal Highway Administration may determine to be
<br />appropriate, including but not limited to,
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<br />fa) wi*,hholding of payments to the contractor under the contract
<br /> until the contractor compiles, and/or
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<br />(b) cancellation, termination or suspension of the contract, in whole
<br /> or in par,,.
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<br />Incorporation cf .~-cvisions: ' The contractor will include the
<br />provisions of paragraph (1).through (6) ir. every subcontract,
<br />including procurements of mcterials ~nd I~ses of e~ui~men~, unless
<br />exempt :y the Re~ul~tion~, order, or ins:ructions issued pursuant
<br />ther~:e. The c~n:rzztor will take such ~::ion whh respect to ~ny
<br />suscontra:t or prc:urement ~s th~ 5tare P;;~hw~y Dem~rtment er the
<br />Feder~ ~i~hway A~ministre~ion m,~y dJre:: es ~ mear.~ o~ en{ercin~
<br />such provisions ins;udin~ senct~ns for ncncemp~ence: Frovided,
<br />however, tr, at, ir, ~r,e event ~ :ontre::or be:omes involved in, or is
<br />thFe~tened wi:h, ii~gction witi~ ~ subcontractor or supplier ~s a
<br />result of such dire:tmon, the contractor mey reaues: the Stere to
<br />enter into such lit;sa:ior, ~o ~rote:: the interests ~f the State, and in
<br />addition, the cor.:r~stor may reques~ the United States to enter into
<br />such litigation tc ;rztect the interests of the United St,:cs.
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