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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights
<br />Revised 07/12
<br />EQUAL OPPORTUNITY CLAUSE
<br />(41 CFR Part 60-1.4 b, 7-1-96 Edition)
<br />The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or
<br />modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part
<br />with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract,
<br />loan, insurance, or guarantee, the following equal opportunity clause:
<br />During the performance of this contract, the Contractor agrees as follows:
<br />1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or
<br />national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during
<br />employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
<br />following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or
<br />other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
<br />available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the
<br />provisions of this nondiscrimination clause.
<br />2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
<br />qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
<br />3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining
<br />agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the
<br />Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and
<br />applicants for employment.
<br />4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24,
<br />1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor.
<br />5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders
<br />of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway
<br />Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
<br />and orders.
<br />6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules,
<br />regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared
<br />ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in
<br />Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in
<br />Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
<br />7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph
<br />(1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless
<br />exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The
<br />Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal
<br />Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the
<br />event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the
<br />SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter
<br />into such litigation to protect the interests of the United States.
<br />The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
<br />practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local
<br />government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
<br />which does not participate in work on or under the contract.
<br />The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining
<br />the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
<br />Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the
<br />supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary
<br />responsibility for securing compliance.
<br />The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order
<br />11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and
<br />federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of
<br />the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of
<br />Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with
<br />these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
<br />part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program
<br />with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such
<br />applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
<br />EEO Page 15
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