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

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.4 �` (2) V��HENEVER THE CONTRACTOR, OR ANY SUBCONTRACTOR AT ANY TIER, SUBCONTRACTS A PORTION OF THE WORK INVOLVING ANY CONSTRUCTION � TRADE, IT SHALL PHYSICALLY INCLUDE IN EACH SUBCONTRACT IN EXCESS OF � $14.000 THE PROVISIONS OF THESE SPECIFICATIONS AND TI�NOTICE WHICH CONTAINS THE APPLICABLE GOALS FOR NIlNORITY AND FEMALE PAR7"ICIP,4T10N AND WHICH IS SET FORTH IN THE SOLICITATIONS FROM WHICH I'tIIS �U�TIZACT RES u'LTED. (3) IF THE CONT'RACTOR IS PARTICIPATING (PURSUANT TO 41 C.F.R. § 60-4.5) IN A HOMETOWN PLAN APPROVED BY TI-� U.S. DEPARTMENT OF LABOR IN THE COVERED AREA, EITHER INDIVIDUALLY OR THROUGH AN ASSOCIATION, ITS AFFIRMATIVE ACTION OBLIGATIONS ON ALL WORK IN THE PLAN AREA (INCLUDING GOALS AND TIME7'ABLES) SHALL BE IN ACCORDANCE WITH THAT PLA�'�' FOR THOSE TRADES WHICH HAVE iJTTIONS PARTICIPATING IN THE PLAN. CONTRAC7'ORS MUS7' BE ABLE TO DEMONSTRATE THEIR PARTICIPATION IN AND COMPLIAI�ICE WITH THE PROVISIONS OF ANY SUCH HOMETOWN PLAN. EACH CO;�'TRACTOR OR SUBCONTRACTOR PARTICIPATING IN AN APPROVED PLAN IS II�TDIVIDL'ALLY REQUIRED TO COI�iPLY WITH ITS OBLIGATIONS UNDER THE EEO CLAUSE, A.�TD TO MAKE A GOOD FAITH EFFORT TO ACHIEVE EACH GOAL UNDER THE PLAN IN EACH TRADE IN WHICH IT HAS EMPLOYEES. THE OVERALL GOOD FAITH PERFORMANCE BY OTHER CONTRACTORS OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED COIv�I'RACTOR'S OR SUBCONTRACTOR'S FAILURE TO MAKE GOOD FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES. (4; THE COTITRACTOR SHALL IMPLEME?�'T THE SPECIFIC AFFIRMATIVE ACTIO'� STANDARDS PROVIDED IN PARAGRAPHS (7)(a) THROUGH (p) OF THESE SPECIFICATIONS. THE GOALS SET FORTH IN THE SOLICITATION FROM WHICH THIS CONI'RAC? RESULTED ARE EXPRESSED AS PERCENTAGES OF THE TOTAL HOURS OF EMPLOYMENT AND TRAINING OF MINORITY AND FEMALE L'TILIZ.4TION T'HE CONTRACTOR SHOULD REASONABLY BE ABLE TO ACHIEVE IN EACH CONSTRUCTION TRADE IN WHICH IT HAS EMPLOYEES IN THE COVERED AREA. COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION . WORK II� GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE NIINORITY AND FEMALE GOALS ESTABLISHED FOR THE GEOGRAPHICAL AREA WHERE THE WORK IS BEING PERFORMED. GOALS ARE PUBLISHED PERIODICALLY IN THE FEDERAL REGIS�'ER IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM ANY OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE OR FROM FEDER.AL PR4CUREMENT CONTRACTING OFFICERS. THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UI�TIFORM PROGRESS TOWARD ITS GOAL IN EACH CRAFT DURING THE PERIOD SPECIFIED. (5) NEITHER THE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT, NOR THE FAILURE BY A LJNION WITH WHOM THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT, TO REFER EITHER MINORITIES OR WOMEN SHALL EXCUSE THE CONTR.ACTOR'S OBLIGATIONS UNDER THESE Page 26