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subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of
<br />49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e,
<br />and implementing Federal regulations and any subsequent amendments thereto. Accordingly:
<br />(1) General. The Contractor agrees that it will not discriminate against any
<br />employee or applicant for employment because of race, color, creed, sex, disability, age, or
<br />national origin. The Contractor agrees to take affirmative action to ensure that applicants are
<br />employed and that employees are treated during employment without regard to their race, color,
<br />creed, sex, disability, age, or national origin. Such action shall include, but not be limited to,
<br />employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
<br />termination; rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship.
<br />(2) Equal Employment Opportunity Requirements for Construction
<br />Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as
<br />"construction," the Contractor agrees to comply and assures the compliance of each third party
<br />contractor at any tier or subrecipient at any tier of the Project, with all applicable equal
<br />employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract
<br />Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
<br />60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as
<br />amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to
<br />Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws,
<br />regulations, and directives affecting construction undertaken as part of the Project.
<br />d. Disadvantaged Business Enterprises.
<br />(1) Policy. It is the policy of the North Carolina Department of Transportation
<br />that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the
<br />equal opportunity to compete fairly for and to participate in the performance of contracts
<br />financed in whole or in part by Federal Funds.
<br />The Firm is also encouraged to give every opportunity to allow DBE participation in
<br />Supplemental Agreements.
<br />(2) Obligation The Firm, subconsultant, and subfirm shall not discriminate
<br />on the basis of race, religion, color, national origin, age, disability or sex in the performance of
<br />this contract. The Firm shall comply with applicable requirements of 49 CFR Part 26 in the
<br />award and administration of federally assisted contracts. Failure by the Firm to comply with
<br />these requirements is a material breach of this contract, which will result in the termination of
<br />this contract or such other remedy, as the Department deems necessary.
<br />(3) Goals. Even though specific DBE goals are not established for this
<br />project, the Department encourages the Firm to have participation from DBE contractors and /or
<br />suppliers.
<br />(4) Listing of DBE Subcontractors. The firm, at the time the Letter of Interest
<br />is submitted, shall submit a listing of all known DBE firms that will participate in the performance
<br />of the identified work. The participation shall be submitted on the Department's Form RS -2. In
<br />the event the firm has no DBE participation, the firm shall indicate this on the Form RS -2 by
<br />entering the word `None' or the number 'zero' and the form shall be signed. Form RS -2 may be
<br />accessed on the website at https:/ /apps.dot.state.nC.us /guickfind /forms /DefauIt.aspx.
<br />(5) Certified Transportation Firms Directory. Real -time information about
<br />firms doing business with the Department and firms that are certified through North Carolina's
<br />Unified Certification Program is available in the Directory of Transportation Firms. The Directory
<br />can be accessed by the link on the Department's homepage or by entering
<br />https: / /apps.dot.state.nC.us /vendor /directory) in the address bar of your web browser. Only
<br />firms identified as DBE certified in the Directory shall be listed in the proposal.
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