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P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal -Aid Construction <br /> Contracts <br /> Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions <br /> R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. <br /> The requirements for which are shown in the Nondiscrimination Provisions, which are <br /> attached hereto and made a part hereof. <br /> 22.3 Nondiscrimination Provisions: <br /> In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal <br /> Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as <br /> follows: <br /> A. Compliance with Regulations. The Contractor will comply with the Regulations of the <br /> Department of Transportation relative to nondiscrimination in Federally assisted programs of <br /> the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter <br /> referred to as the "Regulations which are herein incorporated by reference and made a part <br /> of this contract. <br /> B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and <br /> prior to completion of the contract work, will not discriminate on the ground of race, color, <br /> sex, mental or physical handicap or national origin in the selection and retention of <br /> Subcontractors, including procurement of materials and leases of equipment. The Contractor <br /> will 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 <br /> set forth in Appendix C of the Regulations. <br /> C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all <br /> solicitations either by competitive bidding or negotiation made by the Contractor for work to <br /> be performed under a subcontract, including procurement of materials or equipment, each <br /> potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's <br /> obligations under this contract and the Regulations relative to nondiscrimination on the <br /> ground of race, color, sex, mental or physical handicap or national origin. <br /> D. Information and Reports. The Contractor will provide all information and reports required <br /> by the Regulations, or orders and instructions issued pursuant thereto and will permit access <br /> to its books, records, accounts, other sources of information and its facilities as may be <br /> determined by the State or the FHWA to be pertinent to ascertain compliance with such <br /> Regulations, orders and instructions. Where any information required of the Contractor is in <br /> the exclusive possession of another who fails or refuses to furnish this information, the <br /> Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what <br /> efforts have been made to obtain the information. <br /> 16 <br />