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NORTH DAKOTA DEPARTMENT OF TRANSPORTATION
<br /> APPENDIX A OF THE TITLE VI ASSURANCES
<br /> During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
<br /> (hereinafter referred to as the Contractor), agrees as follows:
<br /> 1. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in
<br /> federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part
<br /> 21, as they may be 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. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not
<br /> discriminate on the grounds of race, color, national origin, sex, age, disability/handicap, or income status**, in
<br /> the selection and retention of subcontractors, including procurements of materials and leases of equipment.
<br /> The Contractor shall not participate, either directly or indirectly, in the discrimination prohibited by Section
<br /> 21.5 of the Regulations, including employment practices when the contract covers a program set forth in
<br /> Appendix B of the Regulations.
<br /> 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either
<br /> by competitive bidding or negotiation, made by the Contractor for work to be performed under a subcontract,
<br /> including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be
<br /> notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to
<br /> nondiscrimination on the grounds of race, color, national origin, sex, age, disability/handicap, or income
<br /> status.**
<br /> 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations,
<br /> or directives issued pursuant thereto, and shall permit access,to its books, records, accounts, other sources
<br /> of information and its facilities as may be determined by the North Dakota Department of Transportation or
<br /> the Federal Highway 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 possession of another
<br /> who fails or refuses to furnish this information, the`Contractor`shall so certify to the North Dakota Department
<br /> of Transportation, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has
<br /> made to obtain the information.
<br /> 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination
<br /> provisions of this contract, the North Dakota Department of Transportation shall impose such contract
<br /> sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not
<br /> limited to
<br /> a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or
<br /> b. cancellation, termination, or suspension of the contract, in whole or in part.
<br /> 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs 1 through 6 in every
<br /> subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations
<br /> or directives issued pursuant thereto.
<br /> The Contractor shall take such action with respect to any subcontract or procurement as the North Dakota
<br /> Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such
<br /> provisions, including sanctions for noncompliance provided, however, that in the event a Contractor becomes
<br /> involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the
<br /> Contractor may request the North Dakota Department of Transportation to enter into such litigation to protect the
<br /> interests of the State; and, in addition, the Contractor may request the United States to enter into such litigation to
<br /> protect the interests of the United States.
<br /> **The Act governs race, color, and national origin. Related Nondiscrimination Authorities govern sex,
<br /> 23 U.S.C. 324; age, 42 U.S.C. 6101; disability/handicap, 29 U.S.C. 790; and low income, E.O. 12898.
<br /> 6 of 6 CLA 19257(Div. 38)
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