Appendix D to Subpart B of Part 633 - Federal-Aid Proposal Notices
23:1.0.1.7.24.2.1.12.22 : Appendix D
Appendix D to Subpart B of Part 633 - Federal-Aid Proposal Notices
Notices to Prospective Federal-Aid Construction Contractors I.
Certification of nonsegregated facilities.
(a) A Certification of Nonsegregated Facilities, as required by
the May 9, 1967, Order of the Secretary of Labor (32 FR 7439, May
19, 1967) on Elimination of Segregated Facilities (is included in
the proposal and must be submitted prior to the award of a
Federal-aid highway construction contract exceeding $10,000 which
is not exempt from the provisions of the Equal Opportunity
clause).
(b) Bidders are cautioned as follows: By signing this bid, the
bidder will be deemed to have signed and agreed to the provisions
of the “Certification of Nonsegregated Facilities” in this
proposal. This certification provides that the bidder does not
maintain or provide for his employees facilities which are
segregated on a basis of race, creed, color, or national origin,
whether such facilities are segregated by directive or on a de
facto basis. The certification also provides that the bidder will
not maintain such segregated facilities.
(c) Bidders receiving Federal-aid highway construction contract
awards exceeding $10,000 which are not exempt from the provisions
of the Equal Opportunity clause, will be required to provide for
the forwarding of the following notice to prospective
subcontractors for construction contracts and material suppliers
where the subcontracts or material supply agreements exceed $10,000
and are not exempt from the provisions of the Equal Opportunity
clause.
Notice to Prospective Subcontractors and Material Suppliers of
Requirement for Certification of Nonsegregated Facilities
(a) A Certification of Nonsegregated Facilities is required by
the May 9, 1967, Order of the Secretary of Labor (32 FR 7431, May
19, 1967) on Elimination of Segregated Facilities, which is
included in the proposal, or attached hereto, must be submitted by
each subcontractor and material supplier prior to the award of the
subcontract or consummation of a material supply agreement if such
subcontract or agreement exceeds $10,000 and is not exempt from the
provisions of the Equal Opportunity clause.
(b) Subcontractors and material suppliers are cautioned as
follows: By signing the subcontract or entering into a material
supply agreement, the subcontractor or material supplier will be
deemed to have signed and agreed to the provisions of the
“Certification of Nonsegregated Facilities” in the subcontract or
material supply agreement. This certification provides that the
subcontractor or material supplier does not maintain or provide for
his employees facilities which are segregated on the basis of race,
creed, color, or national origin, whether such facilities are
segregated by directive or on a de facto basis. The certification
also provides that the subcontractor or material supplier will not
maintain such segregated facilities.
(c) Subcontractors or material suppliers receiving subcontract
awards or material supply agreements exceeding $10,000 which are
not exempt from the provisions of the Equal Opportunity clause will
be required to provide for the forwarding of this notice to
prospective subcontractors for construction contracts and material
suppliers where the subcontracts or material supply agreements
exceed $10,000 and are not exempt from the provisions of the Equal
Opportunity clause.
II.
Implementation of Clean Air Act.
(a) By signing this bid, the bidder will be deemed to have
stipulated as follows:
(1) That any facility to be utilized in the performance of this
contract, unless such contract is exempt under the Clean Air Act,
as amended (42 U.S.C. 1857 et seq., as by Pub. L. 91-604),
Executive order 11738, and regulations in implementation thereof
(40 CFR part 15, is not listed on the U.S. Environmental Protection
Agency (EPA) List of Violating Facilities pursuant to 40 CFR
15.20.
(2) That the State highway department shall be promptly notified
prior to contract award of the receipt by the bidder of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility to be utilized for the contract is under
consideration to be listed on the EPA List of Violating
Facilities.