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Form GHSP-O-03
<br /> PART V (A) (continued) ACCEPTANCE OF CONDITIONS
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<br /> (I) Compliance with Regulations: The agency shall comply with the Regulations relative to non-
<br /> discrimination in Federally-assisted programs of the Department of Transportation (hereinafter,
<br /> "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
<br /> (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
<br /> part of this contract.
<br /> (2) Nondiscrimination: The agency with regard to the work performed by it during the contract,
<br /> shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention
<br /> of subcontractors, including procurement of materials and leases of equipment.The agency shall not
<br /> participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regula-
<br /> tions, including employment practices when the contract covers a program set forth in Appendix B of
<br /> the Regulations.
<br /> (3) Solicitation for Subcontracts,Including Procurements of Materials and Equipment: In all solici-
<br /> tations either by competitive bidding or negotiation made by the applicant agency for work to be
<br /> performed under a subcontract, including procurements or materials or leases of equipment, each
<br /> potential subcontractor or supplier shall be notified by the agency of the agency's obligations under
<br /> this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or
<br /> national origin.
<br /> (4) Information and Reports: The agency shall provide all information and reports required by the
<br /> regulations or directives issued pursuant thereto, and shall permit access to its books, records,
<br /> accounts, other sources of information, and its facilities as may be determined by the State or the
<br /> National Highway Traffic Safety Administration or the Federal Highway Administration, as appro-
<br /> priate, to be pertinent to ascertain compliance with such regulations, orders and instructions. Fur-
<br /> thermore, the agency shall maintain such materials during the contract period, and for three(3)years
<br /> from the date of final payment from the department,for such inspection and audit.Where any informa-
<br /> tion required of an agency is in the exclusive possession of another who fails or refuses to furnish this
<br /> information the agency shall so certify to the State or the Administrations as appropriate,and shall set
<br /> forth what efforts it has made to obtain the information.
<br /> (5) Sanctions for Noncompliance: In the event of the agency's noncompliance with the nondis-
<br /> crimination provisions of this contract, the State shall impose such contract sanctions as it or the
<br /> Administrations may determine to be appropriate, including, but not limited to:
<br /> (a) withholding of payments of the agency under the contract until the agency complies,
<br /> and/or
<br /> (b) cancellation, termination or suspension of the contract, in whole or in part.
<br /> (6) Incorporation of Provisions: The agency shall include the provisions of paragraphs(1)through
<br /> (6)in every subcontract,including procurements or materials and leases of equipment, unless exempt
<br /> by the regulations, or directives issued pursuant thereto. The agency shall take such action with
<br /> respect to any subcontract or procurement as the State or the Administrations may direct as a means of
<br /> enforcing such provisions including sanctions for noncompliance;provided, however, that, in the
<br /> event an agency becomes involved in,or is threatened with,litigation with a subcontractor or supplier
<br /> as a result of such direction,the agency may request the State to enter into such litigation to protect the
<br /> interests of the State, and, in addition, the agency may request the United States to enter into such
<br /> litigation to protect the interests of the United States.
<br /> (7) Acceptance of Conditions by State and Local Governments: Applicants shall adhere to the
<br /> standards established by Office of Management and Budget(OMB)Circular A-102 dated August 24,
<br /> 1977 and additions or amendments thereto, for Uniform Administrative Requirements for Grants-in-
<br /> Aid to State and Local Governments; and OMB Circular A-87 for principles for determining costs
<br /> applicable to grants and contracts with State and Local Governments.
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