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advertising, layoff or termination; rates of pay or other forms of compensation; <br />and selection for training, including apprenticeship. <br />(2) Equal Employment Opportunity Requirements for Construction <br />Activities. For activities determined by the U.S. Department of Labor (U.S. <br />DOL) to qualify as "construction," the Contractor agrees to comply and <br />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 <br />opportunity requirements of U.S. DOL regulations, "Office of Federal Contract <br />Compliance Programs, Equal Employment Opportunity, Department of <br />Labor," 41 C.F.R. Parts 60 at seq., which implement Executive Order No. <br />11246, "Equal Employment Opportunity," as amended by Executive Order <br />No. 11375, "Amending Executive Order No. 11246 Relating to Equal <br />Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any <br />Federal laws, regulations, and directives affecting construction undertaken as <br />part of the Project. <br />d. Minority and Women Business Enterprises ( MBENVBE). <br />(1) Policy. It is the policy of the North Carolina Department of <br />Transportation that Minority Business Enterprises and Women <br />Business Enterprises (MBENVBEs) as defined in GS 136 -28.4 shall <br />have the equal opportunity to compete fairly for and to participate in the <br />performance of contracts financed by the State Funds. <br />The Contractor is also encouraged to give every opportunity to allow <br />MBENVBE participation in Supplemental Agreements. <br />(2) Obligation. The Contractor, subconsultant, and subcontractor shall not <br />discriminate on the basis of race, religion, color, creed, national origin, <br />sex, handicapping condition or age in the performance of this contract. <br />The Contractor shall comply with applicable requirements of GS 136- <br />28.4 in the award and administration of federally assisted contracts. <br />Failure by the Contractor to comply with these requirements is a <br />material breach of this contract, which will result in the termination of <br />this contract or such other remedy, as the Department deems <br />necessary. <br />(3) Goals. Even though specific MBENVBE goals are not established for <br />this project, the Department encourages the Contractor to have <br />participation from MBE/WBE contractors and /or suppliers. <br />(4) Listings of MBENVBE Subcontractors. The contractor, at the time the <br />Letter of Interest is submitted, shall submit a listing of all known <br />MBENVBE contractors that will participate in the performance of the <br />identified work. The participation shall be submitted on the <br />Department's Form RS -2. In the event the firm has no MBENVBE <br />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 <br />signed. Form RS -2 may be accessed on the website at <br />hftps://apps.dot.state.nc.us/guickfind/forms/Default.asl)x. <br />(5) Certified Transportation Firms Directory. Real -time information about <br />firms doing business with the Department and contractors that are <br />certified through North Carolina's Unified Certification Program is <br />available in the Directory of Transportation Firms. The Directory can <br />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 <br />Updated 04/15/16 13 <br />