R94-116 AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANPORTATION

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,ti . REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW. (g) THE CONTR.ACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (a) THROUGH (g) OF THIS SUBSECTION IN EVERY SUBCONTRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES,REGULATIONS, OR ORDERS OF THE SECRE?ARY OF LABOR ISSUED PURSUANT TO SECTION 244 OF EXECUTIVE ORDER NO. 11246 OF SEPTEMBER 24, 1965, SO THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUBCONTR.ACTOR OR VENDUR TI� CONTRACTOR WILL TAKE SUCH ACTION WITH RESFEC?TQ ANY SUBCONTRACF OR PURCHASE ORDER AS THE SECRETARY OF LABOR OR FTA MAY DIREC? AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE; PROVIDED, HOWEVER, THA'T IF A CONfRACTOR BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGAT'ION W�TH A SUBCONTRAGTOR OR VENDOR AS A RESUI.T OF SUCH DIRECTION, THE CaNTRACTOR MAY REQUEST THE LJNITED STATES TO E'�'TER I?�1T'O SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UI�TITED ST'ATES. , (2) The Recipient agrees to assure that each nonexempt prime contractor and subcontractor shall include in each nonexempt contract the requirements of Part II, Subsections l 18.a(i �ta� ti�rough (g) of this Agreement. i 31 The Recipienc further agrees that it will be bound by this equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: pro��ided that if the Recipient so participating is a state or local government, this equal opp��nunity� clause does not apply to any agency, instrumentality or subdivision of such government that does not participate in work under the Agreement. (4) 7'he Recipient agrees that it will assist and cooperate actively with FTA and the Secretary of Labor in obtaining compliance by contractors and subcontractors with the equal opportunity clause and the rules. regulations, and relevant orders of the Secretary of Labor; that it will pro��ide F7A and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist FTA in discharging its primary responsibility for securing compliance. . (5) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, as amended, "Equal Employment Opportunity," 42 U.S.C. § 2000e note, with any contractor that is debarred from or has not demonstrated eligibility for Government contracts and federally assisted construction contracts pursuant to the Executive Order; and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by FTA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, FTA may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Agreement; refrain from extending any further assistance to the Recipient under the program with respect to which the failure or refusa] occurred until the Recipient Page 24