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(1) General. The Grantee agrees that it will not discriminate against any employee or applicant
<br />for employment because of race, color, creed, sex, disability, age, or national origin. The
<br />Grantee 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,
<br />disability, age, or national origin. Such action shall include, but not be limited to, employment,
<br />upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
<br />rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship.
<br />(2) Equal Employment Opportunity Requirements for Construction Activities. For activities
<br />determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the
<br />Grantee agrees to comply and assures the compliance of each third party Grantee at any
<br />tier or subrecipient at any tier of the Project, with all applicable equal employment opportunity
<br />requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs,
<br />Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which
<br />implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
<br />Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal
<br />Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws,
<br />regulations, and directives affecting construction undertaken as part of the Project.
<br />d. Disadvantaged Business Enterprises.
<br />(1) Policy. It is the policy of the North Carolina Department of Transportation that Disadvantaged
<br />Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the equal opportunity
<br />to compete fairly for and to participate in the performance of contracts financed in whole or
<br />in part by Federal Funds. The Grantee is also encouraged to give every opportunity to allow
<br />DBE participation in Supplemental Agreements.
<br />(2) Obligation. The Grantee, subconsultant, and subcontractor shall not discriminate on the
<br />basis of race, religion, color, national origin, age, disability or sex in the performance of this
<br />contract. The Grantee shall comply with applicable requirements of 49 C.F.R. Part 26 in
<br />the award and administration of federally assisted contracts. Failure by the Grantee to
<br />comply with these requirements is a material breach of this contract, which will result in the
<br />termination of this 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 Grantee to have participation from DBE Grantees and /or
<br />suppliers.
<br />(4) Listing of DBE subcontractors. The Grantee, at the time the Letter of Interest is submitted,
<br />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
<br />DBE -IS. In the event the Grantee has no DBE participation, the Grantee shall indicate this
<br />on the Form DBE -IS by entering the word `None' or the number `zero' and the form shall be
<br />signed. Form DBE -IS may be accessed on the website.
<br />(5) Certified Transportation Firms Directory. Real -time information about Grantees doing
<br />business with the Department and Grantees that are certified through North Carolina's
<br />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
<br />Grantees identified as DBE certified in the Directory shall be listed in the proposal. The
<br />listing of an individual Grantee in the Department's directory shall not be construed as an
<br />endorsement of the Grantee's capability to perform certain work.
<br />(6) Reporting Disadvantaged Business Enterprise Participation. When payments are made to
<br />Disadvantaged Business Enterprise (DBE) Grantees, including material suppliers,
<br />Grantees at all levels (Grantee, SubConsultant or SubGrantee) shall provide the Contract
<br />Administrator with an accounting of said payments. The accounting shall be listed on the
<br />Department's SubGrantee Payment Information Form (Form DBE -IS). In the event the
<br />Grantee has no DBE participation, the Grantee shall indicate this on the Form DBE -IS by
<br />entering the word 'None' or the number `zero' and the form shall be signed. Form DBE -IS
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