Orange County NC Website
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 />GLtt_p .,//app_ _..q t. t 'te.nc.0 /v ndor /dir gtc�ry/ 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 <br />may be accessed on the website at: <br />htt -//a s,dot.stat ,nc us/ uickfind /forrns /Default. <br />05/27/2015 Page 13 of 36 <br />