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records, reports, and submit the material for review upon request to FHW A, or its designee in a
<br />timely, complete, and accurate way.
<br />Additionally. the Servicing Agency must comply with all other reporting, data collection, and
<br />evaluation requirements, as prescribed by law or detailed in program guidance.
<br />The Servicing Agency gives this ASSURANCE in consideration of and for obtaining any Federal
<br />funds, andlor discounts, or other Federal-aid and Federal financial assistance extended after the date
<br />hereofto the recipients by the U.S. Department of Transportation.
<br />This ASSURANCE is binding on the Servicing Agency, contractors, subcontractors and their
<br />subcontractors', transferees, successors in interest, and any other participants in the funds provided
<br />tmder this Agreement. .
<br />APPENDIX
<br />A
<br />During the perfonnance of this contract, the contractor, for itself, its assignees, and successors in
<br />interest (hereinafter referred to as the "contractor") agrees as follows:
<br />1. Compliance with Regulations: The contractor (hereinafter inCludes consultants) will
<br />comply with the Acts and the Regulations relative to Non..ctiscrimination in Federally-
<br />funded programs of the U.S. Department of Transportation, Federal Highway
<br />Administration (FHW A), as they may be amended from time to time, which are herein
<br />incorporated by reference and made a part of this contract.
<br />2. Non-discrimination: The contractor, with regard to the work performed by it during the
<br />contract, will not discriminate on the grounds of race, color, or national origin in the
<br />selection and retention of subcontractors, including procurements of materials and leases of
<br />equipment. The contractor will not participate directly or indirectly in the discrimination
<br />prohibited by the Acts and the Regulations, including employment practices when the
<br />contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
<br />3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
<br />In all solicitations, either by competitive bidding, or negotiation made by the contractor for
<br />work to be performed under a subcontract, including procurements of materials, or leases of
<br />equipment, each potential subcontractor or supplier will be notified by the contractor of the
<br />contractor's obligations under this contract and the Acts and the Regulations relative to Non-
<br />discrimination on the grounds of race, color, or national origin.
<br />4. Information and Reports: The contractor will provide all information and reports required
<br />by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to
<br />its books, records, accounts, other sources of information, and its facilities as may be
<br />determined by the Servicing Agency or the FHW A to be pertinent to ascertain compliance
<br />with such Acts, Regulations, and instructions. Where any infonnation required of a
<br />contractor is in the exclusive possession of another who fails or refuses to furnish the
<br />information, the contractor will so certify to the Servicing Agency or the FHW A, as
<br />appropriate, and will set forth what efforts it has made to obtain the information.
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