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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 Employment 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:H apps.dot.state.nc.us/quickfind/forms/DefauIt.aspx. <br /> (5) Certified Transportation Firms Directory. <br /> Real-time information about contractors doing business with the Department and contractors that are <br /> certified 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 homepage or by <br /> entering https://apps.dot.state.nc.us/vendor/directory/ in the address bar of your web browser. Only <br /> contractors identified as DBE certified in the Directory shall be listed in the proposal. <br /> The listing of an individual contractor in the Department's directory shall not be construed as an <br /> endorsement of the contractor's capability to perform certain work. <br /> (6) Reporting Disadvantaged Business Enterprise Participation. When payments are <br /> made to Disadvantaged Business Enterprise (DBE) contractors, including material suppliers, <br /> contractors at all levels (Contractor, subconsultant or subcontractor) shall provide the Contract <br /> Administrator with an accounting of said payments. The accounting shall be listed on the Department's <br /> Subcontractor Payment Information Form (Form DBE-IS). In the event the contractor has no DBE <br /> participation, the contractor shall indicate this on the Form DBE-IS by entering the word 'None' or the <br /> number 'zero' and the form shall be signed. Form DBE-IS may be accessed on the website at <br /> https:H apps.dot.state.nc.us/quickfind/forms/Default.aspx. <br /> Revised 4/22/14 Page 13 of 36 <br />