Appendix C to Subpart B of Part 633 - Additional Required Contract Provisions, Appalachian Development Highway System and Local Access Roads Contracts Other Than Construction Contracts
23:1.0.1.7.24.2.1.12.21 : Appendix C
Appendix C to Subpart B of Part 633 - Additional Required Contract
Provisions, Appalachian Development Highway System and Local Access
Roads Contracts Other Than Construction Contracts Equal
Opportunity: Employment Practices and Selection of Subcontractors,
Suppliers of Materials, and Lessors of Equipment
During the performance of this contract, the contractor agrees
as follows:
1.
Compliance with regulations.
The contractor will comply with the provisions of 23 U.S.C. 324
and with the Regulations of the Department of Transportation
relative to nondiscrimination in Federally-assisted programs of the
Department of Transportation (Title 49, Code of Federal
Regulations, part 21, hereinafter referred to as the regulations),
which are herein incorporated by reference and made a part of this
contract.
2.
Employment practices
a. The contractor will not discriminate against any employee or
applicant for employment because of race, color, sex, or national
origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, sex, or national
origin. Such action shall include, but not be limited to the
following: recruitment or recruitment advertising, hiring, firing,
upgrading, promotion, demotion, transfer, layoff, termination,
rates of pay or other forms of compensation or benefits, selection
for training or apprenticeship, use of facilities and treatment of
employees. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices
setting forth the provisions of this employment practices
clause.
b. The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment
without regard to race, color, sex, or national origin.
c. The contractor will send to each labor union or
representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice advising the
said labor union or workers representative of the contractor's
commitments under the employment practices provision, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
3.
Selection of subcontractors, procurement of materials and
leasing of equipment.
a. The contractor, with regard to the work performed by him
after award and prior to completion of the contract work, will not
discriminate on the ground of race, color, sex, or national origin
in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor
will not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations.
b. In all solicitations either by competitive bidding or
negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of
equipment, each potential subcontractor, supplier, or lessor shall
be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on
the ground of race, color, sex, or national origin.
4.
Information and reports.
The contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be
determined by the State highway department or the Federal Highway
Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. 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 State highway department, or the Federal
Highway Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
5.
Incorporation of provisions.
The contractor will include these additional required contract
provisions in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations
or orders, or instructions issued pursuant thereto. The contractor
will take such action with respect to any subcontract, procurement,
or lease as the State highway department or the Federal Highway
Administration may direct as a means of enforcing such provisions
including sanctions for non-compliance: Provided, however,
That, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor, supplier, or
lessor as a result of such directed action, the contractor may
request the State to enter into such litigation to protect the
interest of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the
interest of the United States.
6.
Sanctions for noncompliance.
In the event of the contractor's noncompliance with sections 1
through 5 above, 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.
[40 FR 49088, Oct. 21, 1975]