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<br />U. S. DEPARTMFNi OF TRANSPORTATION
<br />FEDERAL H1Gh`NAY ADIAINtSTRAT,ON
<br />REQUIR'cB COR;TRACT RRO!!f5{GA•',S
<br />FEBERAL-AID CONSTRUCTI(JN CONTRACTS
<br />tEXCLU5IVE OF CERTIFICATION ACCEPTANCE AND APPAlACH1AN CONTRACTS)
<br />Page
<br />I. APPlication ________________________________________ 1
<br />II. Equal Opportunity _________________________________ I
<br />III. Nonsegregated Facilities ____________________________ 2
<br />IV. Payment of Predetermined Minimum Wages _____-____ 2
<br />Lr. Statements and Payrolls ----------------------------- 3
<br />VI. Record of Materials. Supplies and Labor _____________ 3
<br />VII. Subletting or ,4ssigning the Contract _________________ 4
<br />VIII. Satery•; Accident Prevemion ________________________ 0.
<br />IX. False Statemenu Concerning Highway Projects ________ 5
<br />X. Implementation of Clean Air Act and Federal Water
<br />Pollution Control Ac[ ------------------------------- 6
<br />I. aPP~ICanoN
<br />1. These contact provisionu shall apply to all work performed
<br />on the contract by the contractor with his own organizaion and
<br />with the araistance of workmen under his immediate superintend
<br />ease end to all work performed on the contract by piecework.
<br />station work or by subcontract.
<br />=. Tht conttactor shall insert in each of hie subcontracts ell
<br />of the stipulations contained in these Required Contract Provi•
<br />atone and also a cleuee requiring his subcontractor to include
<br />these Required Contract Provisions in any lower tier aubcon•
<br />tracts wh[ch they may enter into, together with a clause require
<br />ing the inclusion of these provisions in any further subcontracts
<br />that may in rum be made. The Required Contract Provisions
<br />shell in no instance be incorporated by reference.
<br />3. A breach of any of the stipulations contained in these
<br />Required Contract Provisions may be grounds tot termination
<br />of the contract.
<br />4. A breech a[ the following clauses may also be grounds for
<br />debarment ee provided in 29 CFR 5.6(61:
<br />Section.l, paragraph 2;
<br />Section N, parepraphs 1, 2,3, 5 end 7;
<br />Section V, paregraphe 1, Se, 56, end Sd
<br />II. gt3~lAt CIPPORtUNITY
<br />1. Selnctlon of Labor:
<br />During the performance o! thle contrecb the contractor shell
<br />not dlacrlminate agalnet labor from any other State, poaseaalon or
<br />territory e! the United Stotts.
<br />2, Employment PreetScea:
<br />During the performance of this contract, the contractor agree
<br />sa followst
<br />a. The contractor will not dlscrim(nate against any employee or
<br />applicant for employment because of race, color, religion, sex, ar
<br />national origin, The tontraet will take affirmative action to en•
<br />cure that applicants are employed, end that employees ere treated
<br />during employment without regard to their race, color, religion,
<br />sax, or national origin. Such action shall include, but not be Ilm•
<br />teed to the following: employment, upgrading, demotion or trane•
<br />far; recruitment or recruitment adrertixing; leyoRs or termination;
<br />rata of pay or other forms of compensation; and selection for
<br />training, including apprenticeship. The rontrector agrees to post
<br />in conspicuous places, available to employees and applicants for
<br />employment, notices to be provided by the State highway depam
<br />menC setting Sorth the ptoviaiom of this nondiscrimination clause.
<br />b. The contrncor will, in all solicitations or advertisements for
<br />employees placed hy' or on behalf of the contractor, state that all
<br />qualified applicants will receive consideration fur employment
<br />without regard to race, color, religion, sex, or notional origin.
<br />c. The contractor will send to each labor union or reprev.:ntative
<br />of workers with which he has a collective bargaining agreement oc
<br />other contract. or understanding, a notice to be provided by the
<br />State highway department advi<ing the said labor union or work-
<br />ers representative of the contractors commitments under this see•
<br />tion II-2 end shall past copies of the notice in conspicuous places
<br />available to employees and applicants for employment
<br />d. The contrar.tar will comply with all provisions oS Executive
<br />Ordec 11246 of September 24, 1965, and of the rules, regulations
<br />(41 CFR, Part 60) and relevant orders of the Secretary of Labor.
<br />r.. The contractor will furnish all information and reports re•
<br />quired b}' Executive Order 11246 0( September 24, 1965, and by
<br />rules, regulations and orders of the Secretary of Labor, or par
<br />want thereto, and will pecmit access to his books, records end
<br />accounts by the Federal Highway Administration and the Secre•
<br />eery of Labor for purposes of invatigetion to ascertain compliance
<br />with each rules, regulations and orders
<br />f. In the event of the contrectora noncompliance with the non•
<br />discrimination clauses of this conttnet or with any of the said
<br />rules, regulations or orders, this contract may be canceled, termi•
<br />noted or suspended in whole or in pert and the contractor may be
<br />declared ineligible for further Government contracts or Federally
<br />assisted construction contracu in accordance with procedures
<br />authorized in Executive Order 11246 of September 24, 196, end
<br />such other sanctions may be imposed and remedies invoked ea
<br />provided in Executive Order 11246 oi. September 24, 1965, or by
<br />rule, regulation ar order of the Secretary of Labor, or as other-
<br />wise provided by law,
<br />g, The contractor wilt include the ptovisions of thin Section II-2
<br />in every subcontract ar purchase order unless exempted by rules,
<br />regulations or orders of the Secretary of Labor Issued pursuant to
<br />section 204 of Executive Order 77246 of September 24, 1965, w
<br />that ouch provieioro will be binding upon each subcontractor or
<br />vendor. 7ho contractor will take ouch action with respect to any
<br />nub4ontract or purchase order u rite State highway department or
<br />the Federal Highway Administration may direct as a means of en•
<br />forcing arch provintans Including atnctivne for nnncompllence:
<br />Prooided, hotarrer, [het in the event a contractor bncomee involved
<br />in, or in threatened with 11Ngatien with a subcontractor or vendor
<br />es a result o! such direction by the Fedtrel Highway Adminiatra•
<br />tion, the contractor may request the United Staten to enter into
<br />attch litigation to protect the interests of the United Seneca.
<br />3. Selection of 9uhtantractore, Procurement of Materials,
<br />and Leaeing of Equlpmenh
<br />During the performance of thla contree6 the contractor, for
<br />itself, Ito assignee and suceesaors in interest (hereinafter referred
<br />to as the "contractor") agrees as follows:'
<br />e. Compliance With Regulations: The contractor shell comply
<br />with the Atguiatione relative to nondiscrimination in federally-
<br />assisted Rrogroms of the Department of Transportation, Title 49,
<br />Cade of Federal Regulations, Pert 21, as they may be amended
<br />Farm PR-1271--Previou, editions are obrolate.
<br />1Rev. 9-75)
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