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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) <br />Page 1 <br />