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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 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://apps.dot.state.nc.us/quickfind/forms/DefauIt.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
<br /> https://apps.dot.state.nc.us/vendor/directory/ in the address bar of your web browser. Only contractors
<br /> 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
<br /> are 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
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