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For Official Use Only
<br />EMPG MOA 2018 9 of 13
<br />to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
<br />this contract.
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<br />B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
<br />discriminate on the grounds of race, sex, or national origin in the selection and retention of subcontractors, including
<br />procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly
<br />in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the
<br />contract covers a program set forth in Appendix B of the Regulations.
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<br />C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by
<br />competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including
<br />procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the
<br />contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on
<br />the grounds of race, color, sex, or national origin.
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<br />D. Information and Reports: The contractor shall provide all information and reports required by the Regulations or
<br />directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
<br />information, and its facilities as my be determined by the Recipient or the Research and Special Programs
<br />Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions.
<br />Where any information required of a contractor is in the exclusive possession of another who fails or refuses to
<br />furnish this information the contractor shall so certify to the Recipient or the Research and Special Programs
<br />Administration as appropriate, and shall set forth what efforts it has made to obtain such information.
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<br />E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination provisions of
<br />this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs
<br />Administration may determine to be appropriate, including, but not limited to:
<br />i. Withholding of payments to the contractor under the contract until the contractor complies.
<br />ii. Cancellation, termination, or suspension of the contract, in whole or in part.
<br />F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract, including procumbent
<br />of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
<br />contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and
<br />Special Programs Administration may direct as a means of enforcing such provisions including sanctions for
<br />noncompliance: Provide, however, that in the event a contractor becomes involved in, or is threatened with,
<br />litigation with a subcontract or supplier as a result of such direction, the contractor may request the Recipient to
<br />enter into such litigation to protect the of the Recipient and, in addition the contractor may request the United States
<br />to enter such litigation to protect the interests of the United States.
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<br />28. Assurance of Compliance with Title VI of the Civil Rights Act of 1964
<br />Sub-recipient hereby agrees that as a condition to receiving any Federal financial assistance from the DHS it will comply
<br />with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to
<br />as the Act) and all requirements imposed by or pursuant to 2 CFR Sub Part F , Nondiscrimination in Federally-Assisted
<br />Programs of the DHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
<br />Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent
<br />directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from
<br />participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the
<br />Sub-recipient receives Federal financial assistance from the DHS, and HEREBY GIVES ASSURANCE THAT it will
<br />promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1)
<br />of the Regulations. More specifically and without limiting the above general assurance, the Sub-recipient hereby gives
<br />the following specific assurance with respect to the project:
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<br />A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations,
<br />will be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with
<br />all requirements imposed by, or pursuant to, the Regulations.
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<br />B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in
<br />DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F
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