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A ' UNITED STATES DEPARTMENT OF AGRICULTURE _ II
<br /> •. Form FHA 400-1
<br /> (Rev. 6-26-72) FARMERS.•ROME ADMINISTRATION '
<br /> EQUAL OPPORTUNITY AGREEMENT
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<br /> This agreement, dated.._ _. ._.... between.
<br /> (herein called "Recipient" whether one or more) and the Farmers Home Administration,- United States Department of
<br /> Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary')issued under the
<br /> F authority of Executive Order 11246,as amended, witnesseth: • - : •
<br /> ' In consideration of financial assistance (whether by a lobe, grant, loan guaranty, or other form of financial assistance)
<br /> ' made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the,cash cost of construction • -
<br /> work performed by Recipient or a construction contract financed with such financial assistance exceeds$10,000--unless
<br /> . exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204•of Executive Order 11246 of •
<br /> ., September 24, 1965.
<br /> ,- . 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
<br /> '• --. to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid -. ' -
<br /> , .• for in whole or in part with the aid of such financial assistance,the following "Equal Opportunity Clause".- . . -
<br /> ::. .• During the performance of this contract,the contractor agrees as follows:
<br /> i • . (a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
<br /> • religion, sex or national origin.- The contractor will take affirmative action to ensure that applicants are employed,
<br /> • : . • ' and that employees are treated during employment, without regard to their race, color, religion, sex or national •
<br /> -'*origin.. Such action-shall include,but not be limited,to the following: -employment, upgrading, demotion or transfer; :-
<br /> recruitment or recruitment advertising; layoff or termination; rates-of pay or other forms of compensation; and -_-:
<br /> • • - . selection for training, including apprenticeship.- The contractor agrees to post in'conspicuous places, available •
<br /> • to employees'and applicants for employment, notices to be provided by the Farmers Home Administration setting' -
<br /> • :, -forth the provisions of this nondiscrimination clause. -: _
<br /> • (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, -
<br /> - • state that all qualified applicants will receive consideration for employment without regard to race, color, religion, '
<br /> sex or national origin.. • • -
<br /> f ' - (c)-The contractor will send to each labor union or representative of workers with which he has a collective bargaining
<br /> • .agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration •
<br /> advising the said labor union or workers' representative of the contractor's commitments under this agreement as
<br /> ._required pursuant to section 202(3)•--of Executive Order 11246 of September 24, 1965, and shall post copies of the
<br /> • notice in conspicuous places'available to employees and applicants for employment. - • •
<br /> • (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules,
<br /> •' • 'regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. •
<br /> • (e) The contractor will furnish•all information and reports:regwred by•Executive Order 11246.of September 24, 1965,
<br /> - . .'rules, regulations, and orders,or pursuant thereto, and will permit access to his books, records,and accounts by the -
<br /> Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and,the Secretary of.
<br /> • • • Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. -
<br /> -.. (0 In the event ofthe contractor's'noncompliance with the Equal Opportunity(Federally Assisted Construction)clause •.
<br /> • or with any of the said'rules, regulations, or orders, this contract may be cancelled, terminated,or suspended in
<br /> ..whale or in part and the contractor may.bedeclared ineligible for further Government Contracts or Federally Assisted
<br /> Y .• • -''construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, ' -
<br /> - and such other sanctions' may be imposed and remedies invoked as provided in Executive Order No. 11246 of
<br /> ' September 24, 1965,of by rule,regulation or order of the Secretary of Labor, or as provided by Law.
<br /> (g) The contractor will include the provisions of this-Equal Opportunity'(Federally Assisted Construction) clause in .
<br /> - every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
<br /> issued pursuant to Section 204.of Executive Order No. 11246 of September 24, 1965, so that such provisions will
<br /> • be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
<br /> subcontract or purchase order as the Farmers Haile Administration may direct as a means of enforcing such j-
<br /> provisions,' including sanctions for noncompliance: Provided, however, that in the event the contractor becomes
<br /> involved in, or is threatened with, litigation with a subcontractor;or vendor as a result of such direction by the
<br /> Farmers Home Administration, the contractor may request the United States to enter into such Iitigation to protect
<br /> the interest of the United States. •
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<br /> Positions FHA 400-1(Rev. 6--2642) j !
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