APPENDIX B
<br /> During the performance of this contract, the contractor, fo.r itself, its assignees and successors
<br /> in interest (hereinafter referred to as the "Contractor") agrees as follows:
<br /> (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to
<br /> nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
<br /> (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
<br /> amended from time to time, (hereinafter referred to as the Regulations), which are herein
<br /> incorporated by reference and made a part of this Contract.
<br /> (2.)Nondiscrimiriation: The Contractor, with regard to the work performed during the contract,
<br /> shall not discriminate on the basis of race, color, national, origin, Limited English Proficiercy,
<br /> sex, .income, age, or disability, in the selection and retention of subcontractors,. including
<br /> procurements of materials and leases of equipment. The Contractor shall not participate
<br /> either directly or indirectly in the discrimination prohibited by 49 CFR 21.5 including
<br /> employment practices when the contract covers a program set forth in Appendix B of said
<br /> CFR. -
<br /> (3.)Solicitations for Subcontractors, including Procurements of Materials and Equipment:
<br /> In all solicitations made by the Contractor, either by competitive bidding or negotiation for
<br /> work to be performed under a subcontract, including procurements of materials or leases of
<br /> equipment;:each potential subcontractor or supplier shall be notified by the Contractor. of the
<br /> Contractor's obligations under this.contract and 49 CFR 21.5 relative to nondiscrimination on
<br /> .....the basis. of race, .color, national origin, Limited English Proficiency, .sex, income, age, or
<br /> disability.
<br /> (4.)Information and Reports: The Contractor shall provide all information. and .reports required
<br /> by 49 CFR 21.5 or directives issued. pursuant thereto, and shall .permit access to its books,
<br /> records, accounts,. other sources of information, and. its facilities as may be determined by
<br /> the Oregon Department of Transportation (hereinafter, "ODQT"), the Federal Highway
<br /> Administration (hereinafter, "FHWA"), the Federal Transit Administration (hereinafter, "FTA"),
<br /> the Federal Aviation Administration (hereinafter, "FAA"), and/or the Federal Motor Carrier
<br /> .Safety Administration to be pertinent to ascertain compliance with such Regulations, orders
<br /> and instructions. Where any information required of ,a Contractor is in the .exclusive
<br /> ;possession of another who fails or refuses to furnish. this information the Contractor shall so
<br /> certify #o ODOT, FHWA, FTA, FAA, and/or the Federal Motor Carrier Safety Administration
<br /> as appropriate, -and shall set forth what efforts it has made to obtain the information.
<br /> (5.)Sanctions-for Noncompliance: In the event of the Contractor's noncompliance with the
<br /> nondiscrimination provisions of this contract, ODOT shall impose-such contract sanctions as
<br /> it or FHV1/A, FTA, FAA, , and/or the Federal Motor Carrier Safety Administration may
<br /> determine to be appropriate, including, but not limited to:
<br /> a, withholding of payments to the Contractor under the contract until the Contractor
<br /> complies, and/or
<br /> b. cancellation, termination or suspension of the contract, in whole or in part.
<br />
<br /> (6.)Incorporation of Provisions:.The Contractor shall include the provisions of paragraphs (1)
<br /> .through (6) in every subcontract, including procurements of materials and leases of
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