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of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin
<br />of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT
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<br />regulations, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -
<br />Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21.
<br />c. Equal Emplovment Opportunity. The Contractor agrees to comply, and assures the
<br />compliance of each third party contractor at any tier of the Project and. each subrecipient at any tier of
<br />the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII
<br />of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and implementing Federal
<br />regulations and any subsequent amendments thereto. Except to the extend FTA determines otherwise
<br />in writing, the recipient also agrees to follow all applicable Federal EEO directives that may be issued.
<br />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 national
<br />origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that
<br />employees are treated during employment without regard to their race, color, creed, sex, disability, age,
<br />or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or
<br />transfer, 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 Emplovment Opportunity Requirements for Construction Activities. For
<br />activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the
<br />Contractor agrees to comply and assures the compliance of each third party contractor at any tier or
<br />subrecipient at any tier of the Project, with all applicable equal employment opportunity requirements of
<br />U.S. DOL regulations, Office of Federal Contract Compliance Programs, Equal Employment
<br />Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which implement Executive Order No.
<br />11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending
<br />Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and
<br />also with any Federal laws, regulations, and directives affecting construction undertaken as part of the
<br />Project.
<br />d. Disadvantaged Business Enterprises.
<br />(1) Policy. It is the policy of the North Carolina Department of Transportation that
<br />Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the equal
<br />opportunity to compete fairly for and to participate in the performance of contracts financed in whole or
<br />in part by Federal Funds.
<br />The Contractor is also encouraged to give every opportunity to allow DBE participation in Supplemental
<br />Agreements.
<br />(2) Obligation The Contractor, subconsultant, and subcontractor shall not
<br />discriminate on the basis of race, religion, color, national origin, age, disability or sex in the
<br />performance of this contract. The Contractor shall comply with applicable requirements of 49 CFR Part
<br />26 in the award and administration of federally assisted contracts. Failure by the Contractor to comply
<br />with these requirements is a material breach of this contract, which will result in the termination of this
<br />contract or such other remedy, as the Department deems necessary.
<br />(3) Goals. Even though specific DBE goals are not established for this project, the
<br />Department encourages the Contractor to have participation from DBE contractors and/or suppliers.
<br />(4) Listing of DBE Subcontractors. The contractor, at the time the Letter of Interest
<br />is submitted, shall submit a listing of all known DBE contractors that will participate in the performance
<br />of the identified work. The participation shall be submitted on the Department's Form RS-2. In the
<br />event the contractor has no DBE participation, the contractor 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/Default.aspx.
<br />(5) Certified Transportation .Firms Directory. Real-time information about
<br />contractors doing business with the Department and contractors that are certified through North
<br />Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The
<br />Directory can be accessed by the link on the Department's homepage or by entering
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