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- . <br /> 0 5 <br /> 1. Policy <br /> It is the policy of NCDOT and USDOT/UMTA that disadvantaged and <br /> woman-owned business enterprises (hereinafter DBE/WBE), as defined <br /> in 49 CFR, Part 23, as amended in July 1983, shall have the maximum <br /> opportunity to participate in the performance of contracts financed <br /> in whole or in part with Federal funds. Consequently, the DBE/WBE <br /> requirements of 49 CFR, Part 23, as amended, apply to this <br /> Contract. <br /> 2. Disadvantaged and Woman-Owned Business Enterprise Obligation <br /> NCDOT and its Contractors agree to ensure that minority business <br /> enteriprises, as defined in 49 CFR, Part 23, have the maximum oppor- <br /> tunity to' participate in the performance of contracts and subcon- <br /> tracts financed in whole or in part with Federal funds. In this <br /> regarcl, NCDOT and its Contractors shall take all necessary and <br /> reasonable steps, in accordance with 49 CFR, Part 23, to 'ensure' <br /> that minority business enterprises have the maximum opportunity to <br /> compete for and perform contracts. NCDOT and its Contractors shall <br /> not discriminate on the basis of race, color, national origin or <br /> sex in the award and performance of DOT-assisted contracts. <br /> 3. Sanctions for Noncompliance <br /> The contractor is hereby advised that failure of the Contractor, or <br /> any Subcontractor performing work under this Contract, to carry out <br /> the requirements set forth in Paragraphs 1 and 2 above shall con- <br /> stitute a breach of contract and, after notification of the USDOT/ <br /> UMTA , may result in termination of this Contract by Orange County <br /> or such remedy as NCDOT deems appropriate. <br /> 4. Inclusion in Subcontracts <br /> The Contractor shall insert in each of its subcontracts this DBE/ <br /> WBE Policy dated May 7, 1980, and also a clause requiring its Sub- <br /> contractors to include this same Policy in any lower tier subcon- <br /> tract which they may enter into, together with a clause requiring <br /> the inclusion of this Policy in any further subcontract that may in <br /> turn be made. This Policy shall not be incorporated by reference. <br /> SECTION X. MISCELLANEOUS PROVISIONS <br /> The Consultant and the Client mutually agree as follows: <br /> A. Ownership of Documents • <br />