2. The PROJECT SPONSOR hereby gives assurance as required by subsection 21.7(a)(1)
of the REGULATIONS that it will promptly take any measures necessary to effectuate
this AGREEMENT, including but not limited to the following specific assurances:
a. That cach “program” and cach “facility” as defined in subsections 21.23(e) and
21.23(b) of the REGULATIONS will be conducted or operated in compliance with
all requirements of the REGULATIONS.
b. That the PROJECT SPONSOR shall insert the following notification in all
solicitations for negotiated agreements or bids for work or material made in
connection with this Project: The PROJECT SPONSOR hereby notifies all bidders
that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full opportunity
to subinit bids in response to this invitation and will not be discriminated against on
the grounds of race, color, religion, national origin, sex, age, sextal orientation,
disability or handicap in consideration for an aware.
c. That the PROJECT SPONSOR shall not discriminate on the basis of race, color,
religion, national origin, sex, age, sexual ortentation, disability or handicap in the
award and performance of any DEPARTMENT-assisted contract or in the
administration of its DBE program or the requirements of 49 CFR part 26, The
PROJECT SPONSOR shall take all necessary and reasonable steps under 49 CFR
part 26 to ensure nondiscrimination in the award and administration of
DEPARTMENT-uassisted contracts. The DEPARTMENT'’s DBE program, as
required by 49 CFR part 26 and as approved by the United States Department of
Transportation, is incorporated by reference in this AGREEMENT. Implementation
of this program is a Icgal obligation and failure to carry out its terms shall be treated
as a violation of this AGREEMENT. Upon notification to the PROJECT
SPONSOR of its failure to carry out its approved program, the DEPARTMENT
may impose sanctions as provided for under part 26 and may. in appropriate cascs,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (3) U.S.C. 3801 ef seq.
d. That the PROJECT SPONSOR shall include the following assurance in cach
contract signed with a contractor and each subcontract the prime contractor signs
with a subcontractor: The contractor ar subcontractor shall not discriminate on the
basts of race, color, religion, national origin, sex, age, sexual orientation, disability
or handicap in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of
DEPARTMENT-assisted contracts. Failure bv the cantractor to carry out these
reqitirements is a material breach of this contract, which may result in’ the
termination of the contract or such other remedy, as the recipient deems
appropriate.
3. The PROJECT SPONSOR shall insert a copy of the required provisions of Fedcrally-
assisted construction contracts in accordance with Executive Order 11246, Equal
Employment Opportunity, and 4] CFR Part 60-4, Affirmative Action Requirements, in
cach contract entered into pursuant to this AGREEMENT. Required Federal contract
provisions can be oblained through the DEPARTMENT’s Labor Compliance Office
(271-6612) or Online at: http://www.nh.gow/dot/org/ad ministration/ofe/documents hun
