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20 <br />without regard to their race, color, creed, sex, disability, age, or national origin. Such <br />action shall include, but not be limited to, employment, upgrading, demotion or transfer, <br />recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of <br />compensation; and selection for training, including apprenticeship. <br />(2) Equal Employment Opportunity Requirements for Constriction <br />Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify <br />as "construction," the Contractor agrees to comply and assures the compliance of each <br />third party contractor at any tier or subrecipient at any tier of the Project, with all applicable <br />equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal <br />Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 <br />C.F.R. Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment <br />Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. <br />11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also <br />with any Federal laws, regulations, and directives affecting construction undertaken as part <br />of the Project. <br />d. Disadvantaged Business Enterprises. <br />(1) Policy. It is the policy of the North Carolina Department of <br />Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR <br />Part 26 shall have the equal opportunity to compete fairly for and to participate in the <br />performance of contracts financed in whole or in part by Federal Funds. <br />The Contractor is also encouraged to give every opportunity to allow DBE participation in <br />Supplemental Agreements. <br />(2) Obligation The Contractor, sub-consultant, and subcontractor shall <br />not discriminate on the basis of race, religion, color, national origin, age, disability or sex in <br />the performance of this contract. The Contractor shall comply with applicable <br />requirements of 49 CFR Part 26 in the award and administration of federally assisted <br />contracts. Failure by the Contractor to comply with these requirements is a material <br />breach of this contract, which will result in the termination of this contract or such other <br />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 Contractor to have participation from DBE <br />contractors and/or suppliers. <br />(4) Listing of DBE Sub-contractors. The contractor, at the time the <br />Letter of Interest is submitted, shall submit a listing of all known DBE contractors that will <br />participate in the performance of the identified work. The participation shall be submitted <br />on the Department's Form RS-2. In the event the contractor has no DBE participation, the <br />contractor shall indicate this on the Form RS-2 by entering the word 'None' or the number <br />`zero' and the form shall be signed. Form RS-2 may be accessed on the website at <br />hops://apps.dot.state.nc.us/quickfind/forms/Default.aspx. <br />(5) Certified Transportation Firms Directory. Real-time information <br />about contractors doing business with the Department and contractors that are certified <br />through North Carolina's Unified Certification Program is available in the Directory of <br />Transportation Firms. The Directory can be accessed by the link on the Department's <br />homepage or by entering https://apps.dot.state.nc.us/vendor/directory/ in the address bar <br />of your web browser. Only contractors identified as DBE certified in the Directory shall be <br />listed in the proposal. <br />The listing of an individual contractor in the Department's directory shall not be construed <br />as an endorsement of the contractor's capability to perform certain work. <br />Revised 1/6/10 <br />